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U.S. v. ADAMS

No. 08-5372.

583 F.3d 457 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Wilbur B. ADAMS, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 14, 2009.

Attorney(s) appearing for the Case

ARGUED: Isaiah S. Gant, Office of The Federal Public Defender, Nashville, Tennessee, for Appellant. Blanche Bong Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Isaiah S. Gant, Michael C. Holley, Office of The Federal Public Defender, Nashville, Tennessee, for Appellant. Jimmie Lynn Ramsaur, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

KEITH, J., delivered the opinion of the court, in which CLAY, J., joined. GIBBONS, J. (p. 470-71), delivered a separate concurring opinion.

OPINION

DAMON J. KEITH, Circuit Judge.

Following a jury trial, Defendant-Appellant Wilbur Adams, Jr. ("Adams") was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. On appeal, Adams argues that the district court erred by: (1) failing to suppress the firearm at issue because it was discovered pursuant to an unconstitutional search of his jacket; (2) concluding that Adams validly waived his

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