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U.S. v. PRICE

Nos. 05-30323, 06-30157.

566 F.3d 900 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Delray PRICE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Delray Price, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2009.

Attorney(s) appearing for the Case

Thomas H. Edmonds, Assistant United States Attorney, United States Attorney's Office for the District of Oregon, Portland, OR, for the plaintiff-appellee.

Frank Noonan, Assistant United States Attorney, United States Attorney's Office for the District of Oregon, Portland, OR, for the plaintiff-appellee.

Kelly A. Zusman, Assistant United States Attorney, United States Attorney's Office for the District of Oregon, (argued), Portland, OR, for the plaintiff-appellee.

Michael R. Levine and Matthew G. McHenry, (on the briefs), Portland, OR, for the defendant-appellant.

Before: ALFRED T. GOODWIN, HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Delray Price was convicted of being a felon in possession of a firearm after Portland police officers found a gun hidden beneath the driver's seat of a car in which he was riding in the rear. Although the government presented circumstantial evidence that Price placed the firearm under the seat as the car was being pulled over, the evidence that sealed his fate at trial was testimony from a witness named Antoinette Phillips. Phillips testified...

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