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U.S. v. VALENCIA

No. 06-3501.

499 F.3d 813 (2007)

UNITED STATES of America, Appellee, v. Michael A. VALENCIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2007.

Attorney(s) appearing for the Case

John C. Vanderslice, Lincoln, NE, for appellant.

Steven A. Russell, AUSA, Lincoln, NE, for appellee.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Police officers entered the apartment of Michael A. Valencia without a warrant, performed a protective sweep, and thereafter obtained a search warrant and recovered a short-barreled shotgun from the home. The government charged Valencia with possession of an unregistered firearm. 26 U.S.C. §§ 5841, 5861(d), and 5871. Valencia claimed that the initial, warrantless entry into his home violated the Fourth Amendment, and he moved to suppress...

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