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U.S. v. SMITH

No. 04-2101.

423 F.3d 25 (2005)

UNITED STATES of America, Appellant, v. Quinton SMITH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 9, 2005.

Attorney(s) appearing for the Case

Judith H. Mizner, Assistant Federal Public Defender, was on brief, for appellee.

Thomas E. Kanwit, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Before SELYA, Circuit Judge, HILL, Senior Circuit Judge, and LYNCH, Circuit Judge.

HILL, Circuit Judge.

The defendant, Quinton Smith, was arrested by Boston police officers and charged with one count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). Smith moved to suppress the gun, claiming that it was seized in violation of his rights under the Fourth Amendment. After a three-day hearing, the court granted the motion. This appeal followed.

I.

At approximately 1:30 p.m. on September...

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