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U.S. v. SEE

No. 08-3484.

574 F.3d 309 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Karl B. SEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 24, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Robert F. Corts, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Robert F. Corts, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which GILMAN, J. and PHILLIPS, D.J., joined. GILMAN, J., (p. 315) delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

On April 22, 2007, an officer working for the Cuyahoga Metropolitan Housing Authority ("CMHA") noticed defendant-appellant Karl See and two companions sitting in a parked car outside a CMHA property. The officer parked his vehicle in front of See's car so that See could not depart and approached See. As a result of the ensuing encounter, the officer searched See's car and found a firearm with no serial number under...

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