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U.S. v. SMITH

No. 08-4378.

594 F.3d 530 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Reginald SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2010.

Attorney(s) appearing for the Case

ARGUED: Bryan Robert Faller, Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, for Appellant. Karl P. Kadon, III, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Bryan Robert Faller, Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, W. Kelly Johnson, Porter, Wright, Morris & Arthur, LLP, Cincinnati, Ohio, for Appellant. Karl P. Kadon, III, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: SILER, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Defendant-Appellant Reginald Smith unsuccessfully sought to suppress evidence of a handgun taken from him by Cincinnati police officers as he was leaving an apartment building in Over-the-Rhine, Cincinnati at approximately 3:00 a.m. on November 21, 2006. The officers encountered Smith in the entrance hallway of the apartment building while responding to a 911 emergency call. The record reflects that Smith was not seized until...

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