U.S. v. KEITH

No. 07-5202.

559 F.3d 499 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan KEITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 18, 2009.


Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. Robert Kennedy McBride, Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. Robert Kennedy McBride, Charles P. Wisdom, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

COLE, J., delivered the opinion of the court, in which GILMAN, J., joined. KENNEDY, J. (pp. ___ _ ___), delivered a separate dissenting opinion.


OPINION

COLE, Circuit Judge.

Jonathan Keith pleaded guilty to several counts, including possession of crack cocaine with intent to distribute and possession of a firearm in furtherance of drug-trafficking. He reserved the right to appeal the district court's denial of his motion to suppress evidence obtained as a result of an investigatory Terry stop. He claims that the officer who stopped him lacked the requisite reasonable suspicion of criminal...

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