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U.S. v. WOODBURY

No. 06-2586.

511 F.3d 93 (2007)

UNITED STATES of America, Appellee, v. Justin WOODBURY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Michael B. Whipple, with whom Thomas F. Hallett Law Offices, P.A. was on brief, for appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

TORRUELLA, Circuit Judge.

On September 9, 2005, federal authorities obtained a search warrant for the home of Justin Woodbury located at 7 Leisure Lane, Windham, Maine, "believed to be" the bottom-floor left apartment. The warrant named Woodbury as the occupant and authorized a nighttime noknock entry. Federal and local authorities, directed to his second-floor apartment by the occupant of the bottom-floor apartment, executed the warrant and seized a .40 caliber pistol...

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