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U.S. v. BROOKS

No. 08-4280.

594 F.3d 488 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Lyna BROOKS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 5, 2010.

Attorney(s) appearing for the Case

ARGUED: Daniel Steven Goodman, United States Department of Justice, Washington, D.C., for Appellant. Edward G. Bryan, Federal Public Defender's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Daniel Steven Goodman, United States Department of Justice, Washington, D.C., for Appellant. Edward G. Bryan, Vanessa F. Malone, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which BOGGS, J., joined. WHITE, J. (pp. 495-96), delivered a separate concurring opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

A federal grand jury indicted appellee Lyna Brooks for possession with the intent to distribute cocaine base (crack) in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) after police executed a search warrant on his residence and found, among other things, 136.21 grams of crack. Brooks moved to suppress the evidence on the grounds that the affidavit submitted in support of the application for the search warrant...

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