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U.S. v. BOROWY

No. 09-10064.

595 F.3d 1045 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Charles A. BOROWY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2010.

Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for defendant/appellant Charles A. Borowy.

Elizabeth A. Olson, Assistant United States Attorney, Reno, NV, for plaintiff-appellee United States of America.

Before: B. FLETCHER, WILLIAM C. CANBY, JR., and SUSAN P. GRABER, Circuit Judges.

PER CURIAM:

Defendant Charles A. Borowy appeals the denial of his motion to suppress and seeks to vacate his guilty plea because of a violation of Rule 11 of the Federal Rules of Criminal Procedure. He argues that the evidence recovered by an FBI agent who accessed his shared files on the peer-to-peer file-sharing service LimeWire was unconstitutionally obtained and that the district court should have suppressed this evidence. He argues further that, because he was...

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