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U.S. v. COS

No. 06-2187.

498 F.3d 1115 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Antonio COS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 21, 2007.

Attorney(s) appearing for the Case

David M. Walsh, Assistant United States Attorney for the District of New Mexico (David Iglesias, United States Attorney), with him on the briefs, for the Plaintiff-Appellant.

Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, New Mexico, for the Defendant-Appellee.

Before HENRY, ANDERSON, and GORSUCH, Circuit Judges.

HENRY, Circuit Judge.

A federal grand jury indicted Jose Antonio Cos on one count of being a felon in possession of a firearm, a violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). In response, Mr. Cos filed a motion to suppress the primary evidence in the case, a gun found in the bedroom of his apartment during a June 29, 2005 search by Albuquerque police officers. Mr. Cos contended that Feather Ricker, a nineteen-year-old friend, whom he had left in his...

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