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U.S. v. NICHOLS

No. 06-5862.

512 F.3d 789 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Elbert G. NICHOLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley, Caryll S. Alpert, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: BOGGS, Chief Judge; KENNEDY, Circuit Judge; and JORDAN, District Judge.

OPINION

BOGGS, Chief Judge.

Elbert Nichols entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924, reserving his right to appeal the district court's denial of his suppression motion. On appeal, he raises three arguments: (1) that the police officer's decision to run a warrant check on him was based on his race, violating the Equal Protection Clause of the Fourteenth...

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