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U.S. v. GARY

No. 06-4597.

528 F.3d 324 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin L. GARY, a/k/a Melvin Lois Gary, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2008.

Attorney(s) appearing for the Case

ARGUED: Craig Stover Cooley, Richmond, Virginia, for Appellant. Richard Daniel Cooke, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Peter S. Duffey, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Associate Justice O'CONNOR wrote the opinion, in which Chief Judge WILLIAMS and Senior Judge HAMILTON joined.

OPINION

O'CONNOR, Associate Justice (Retired):

Melvin Gary appeals the district court's decision to allow the government to introduce evidence obtained from a search of his home pursuant to a warrant. He claims the affidavit underlying that warrant failed to establish probable cause on its face, and that the warrant was void because the affidavit excluded material information. Because the warrant was issued in good...

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