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UNITED STATES v. BLACK

No. 05-10640.

466 F.3d 1143 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JASPER BLACK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2006.

Attorney(s) appearing for the Case

Anne Traum, Esq., AFPD, Las Vegas, Nevada, for the defendant-appellant.

J. Gregory Damm, Esq., AUSA, Las Vegas, Nevada, for the plaintiff-appellee.

Before: Betty B. Fletcher and Marsha S. Berzon, Circuit Judges, and David G. Trager, District Judge.

Argued and Submitted September 14, 2006 — San Francisco, California.

Opinion by Judge Betty B. Fletcher; Dissent by Judge Berzon.

OPINION

B. FLETCHER, Circuit Judge:

On appeal, Jasper Black challenges his conviction as a felon in possession, arguing that the district court erred when it denied his motion to suppress the gun. We affirm.

I.

The police justify their entry into Black's apartment, not as one looking for...

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