U.S. v. ARCHIBALD

No. 08-5703.

589 F.3d 289 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick ARCHIBALD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2009.


Attorney(s) appearing for the Case

ARGUED: Anne-Marie Moyes, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Heather G. Childs, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Anne-Marie Moyes, Mariah A. Wooten, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Kelly D. Young, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which TARNOW, D.J., joined. BATCHELDER, C.J. (p. 302), concurred and wrote separately.


OPINION

GRIFFIN, Circuit Judge.

Defendant Derrick Archibald appeals his conviction for unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), arguing the district court erred in failing to suppress the firearm evidence obtained during a search of his residence conducted pursuant to a state search warrant. Archibald contends that the protective sweep, which provided probable cause for the search warrant and led...

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