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U.S. v. BROWN

No. 04-4353.

401 F.3d 588 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Everett Oshae BROWN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: December 2, 2004.

Decided: March 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael James Elston, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Larry W. Shelton, Supervisory Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellant. Frank W. Dunham, Jr., Federal Public Defender, Frances H. Pratt, Research and Writing Attorney, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee.

Before WILKINS, Chief Judge, and NIEMEYER and DUNCAN, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge DUNCAN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Everett Oshae Brown was charged with possession of a firearm by a convicted felon, see 18 U.S.C.A. § 922(g)(1) (West 2000). The United States appeals a decision of the district court suppressing a firearm discovered in Brown's back pocket as well...

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