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U.S. v. BENNETT

No. 08-12352 Non-Argument Calendar.

555 F.3d 962 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Dain BENNETT, a.k.a. Daine Bennett, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 21, 2009.

Attorney(s) appearing for the Case

Thomas Jake Waldrop and Stephanie Kearns, Fed. Pub. Defenders, Thomas L. Hawker, Fed. Def. Program, Inc., Atlanta, GA, for Bennett.

Zahra S. Karinshak, John Andrew Horn, Atlanta, GA, for U.S.

Before ANDERSON, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

Dain Bennett appeals his conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). FBI agents arrested Bennett after entering his mother's apartment to execute an arrest warrant for him. During a protective sweep of one of the apartment's bedrooms, which was occupied by Bennett's teenaged brother and a friend but not Bennett, agents located a rifle between a mattress and box spring. Bennett contends that the entry...

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