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U.S. v. JONES

Nos. 07-5994, 08-5771.

562 F.3d 768 (2009)

UNITED STATES of America, Plaintiff-Appellant/Appellee, v. Tobias JONES, Defendant-Appellee/Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 16, 2009.

Attorney(s) appearing for the Case

ARGUED: Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Plaintiff. Frank W. Heft, Jr., Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Defendant. ON BRIEF: Terry M. Cushing, Jo E. Lawless, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Plaintiff. Frank W. Heft, Jr., Laura R. Wyrosdick, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Defendant.

McKEAGUE, J., delivered the opinion of the court, in which GUY, J., joined. RYAN, J. (p. 777), delivered a separate opinion concurring in the judgment.

OPINION

McKEAGUE, Circuit Judge.

Charged with being a felon in possession of a firearm, defendant Tobias Jones made a pretrial motion to suppress key evidence against him. The district court granted the motion and the government now appeals. Jones also appeals the district court's denial of his motion to revoke its pretrial detention order. For the reasons that follow, we conclude the district court erred in granting the motion to suppress and we therefore...

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