Docket No. 03-1773.

407 F.3d 562 (2005)

UNITED STATES of America, Appellee, v. Swazine SWINDLE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Last Supplemental Brief Filed: February 22, 2005.

Decided: May 11, 2005.

Attorney(s) appearing for the Case

John Humann, Federal Public Defender's Office, Western District of New York, Buffalo, N.Y. (MaryBeth Covert, of counsel), for Defendant-Appellant.

Michael Digiacomo, Assistant United States Attorney, Western District of New York, Buffalo, N.Y. (Michael A. Battle, United States Attorney, on the brief), for Appellee.

Before: FEINBERG, CARDAMONE, and PARKER, Circuit Judges.

FEINBERG, Circuit Judge.

Swazine Swindle appeals from a judgment of conviction of the United States District Court for the Western District of New York (Skretny, J.) entered after pleading guilty to unlawfully possessing a controlled substance in violation of 21 U.S.C. § 844(a).1 The appeal poses the ultimate question whether on this record the Fourth Amendment requires exclusion of evidence the police obtained as a result of unreasonably...

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