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U.S. v. McMULLIN

No. 08-3477.

576 F.3d 810 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gary McMULLIN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 17, 2009.

Attorney(s) appearing for the Case

John M. Albright, argued, Poplar Bluff, MO, for Appellant.

Paul W. Hahn, AUSA, argued, Keith D. Sorrell, AUSA, on the brief, Cape Girardeau, MO, for Appellee.

Before MURPHY, BRIGHT, and BYE, Circuit Judges.

BRIGHT, Circuit Judge.

Defendant-appellant Gary McMullin appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), challenging the district court's denial of his motion to suppress firearms evidence discovered during a United States Marshal's second entry into McMullin's house. McMullin asserts that the marshal lacked legal authority to re-enter his house, while the government...

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