U.S. v. SHELLEY

No. 02-15600.

405 F.3d 1195 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Reginald Lamar SHELLEY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 16, 2005.


Attorney(s) appearing for the Case

Sandra J. Stewart, Birmingham, AL, for Plaintiff-Appellant.

Harmahinder Singh Bagga (Court-Appointed), Bagga, Wood & Associates, LLP, Birmingham, AL, for Defendant-Appellee.

Before TJOFLAT, BARKETT and HILL, Circuit Judges.


HILL, Circuit Judge:

I.

On September 23, 2001, Reginald Shelley was lawfully arrested following a traffic stop. The arresting officer asked Shelley whether he had any drugs or weapons in his car, and Shelley stated that he did not. When the officer conducted a search of the car incident to the arrest, however, he discovered both a gun and some marijuana under the front seat. As an ex-felon,1 Shelley was prohibited from possessing...

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