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U.S. v. VALENTINE

Docket No. 06-5648-cr.

539 F.3d 88 (2008)

UNITED STATES of America, Appellee, v. Luis VALENTINE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2008.

Amended: August 18, 2008.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

Emily Berger, Assistant United States Attorney (Daniel A. Spector, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, NY, for Appellee.

Before: CALABRESI and LEVAL, Circuit Judges, and NEVAS, District Judge.

NEVAS, District Judge, sitting by designation:

Defendant Luis Valentine appeals from the district court's denial of his motion to suppress evidence obtained from his car and his residence. Valentine contends that the district court erred in concluding that (1) his arrest and the subsequent search of his car were legal and (2) his wife's consent to search their apartment was voluntary and that the firearms found during the search should not be suppressed.

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