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U.S. v. DYER

No. 08-5671.

580 F.3d 386 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth J. DYER, II, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephen Ross Johnson, Ritchie, Dillard & Davies, P.C., Knoxville, Tennessee, for Appellant. Hugh B. Ward, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Stephen Ross Johnson, Ritchie, Dillard & Davies, P.C., Knoxville, Tennessee, for Appellant. Hugh B. Ward, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which FRIEDMAN, J., joined. MOORE, J. (pp. 393-94), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Kenneth J. Dyer, II, appeals his conviction for aiding and abetting the possession with intent to distribute methamphetamine. Dyer entered a conditional plea of guilty and received a sentence of eighty months imprisonment by the United States District Court for the Eastern District of Tennessee. On appeal, Dyer challenges the denial of his motion to suppress evidence of drug use found at a rental cabin, claiming...

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