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U.S. v. LOPEZ

No. 07-5768.

567 F.3d 755 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Francisco LOPEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Robert E. Norfleet, Somerset, Kentucky, for Appellant. Charles P. Wisdom, Jr., Andrew Sparks, Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

Before: MARTIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

OPINION

KETHLEDGE, Circuit Judge.

Juan Francisco Lopez, a defendant convicted of various federal drug and firearm charges, appeals the district court's denial of his Fourth Amendment motion to suppress evidence obtained pursuant to his arrest for reckless driving. In light of intervening Supreme Court authority, we reverse and remand.

I.

On September 27, 2006, Kentucky State Police Trooper Tommy Cromer clocked Lopez driving 106 miles per...

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