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U.S. v. BERRY

No. 08-1048.

565 F.3d 332 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Lee Henry BERRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 14, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert J. Dunn, Law Office, Bay City, Michigan, for Appellant. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Shawn M. Sutton, Law Office, Bay City, Michigan, for Appellant. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MARTIN and GILMAN, Circuit Judges; ZOUHARY, District Judge.

OPINION

JACK ZOUHARY, District Judge.

Defendant Lee Henry Berry appeals his convictions and sentencing in the district court. A jury convicted Berry on three counts of possession with intent to distribute controlled substances and on one count of being a felon in possession of a firearm. Prior to trial, Berry moved to suppress some of the evidence against him, arguing the evidence was seized pursuant to an invalid search warrant. The district court denied...

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