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U.S. v. MILLER

No. 04-2637-CR.

430 F.3d 93 (2005)

UNITED STATES of America, Appellee, v. Alfred G. MILLER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 16, 2005.

Attorney(s) appearing for the Case

David Wikstrom, Law Office of David Wikstrom, New York, NY, for Defendant-Appellant.

Sarah Y. Lai, Assistant United States Attorney (Peter G. Neiman, Assistant United States Attorney, of counsel; David N. Kelley, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before: McLAUGHLIN and CABRANES, Circuit Judges, and MUKASEY, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether a law enforcement officer who is lawfully present in a particular area of a home for a purpose other than the execution of an arrest warrant may conduct a protective sweep pursuant to Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990), if he has reasonable suspicion that an individual present in another...

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