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U.S. v. JOHNSON

No. 09-5397.

620 F.3d 685 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice T. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant. Zachary C. Bolitho , Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Nikki C. Pierce , Federal Defender Services of Eastern Tennessee, Inc., Greeneville, Tennessee, for Appellant. Zachary C. Bolitho , Assistant United States Attorney, Knoxville, Tennessee, Donald Wayne Taylor , Assistant United States Attorney, Johnson City, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court, in which GRIFFIN, J., joined. GUY, J. (pp. 696-99), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

On April 14, 2007, Newport, Tennessee police officers Scott Lamb and Rick Parton responded to a 4:00 a.m. 911 call asserting that "some people" connected with a blue Cadillac were "walking around" outside the caller's apartment. Reaching the area within minutes, the officers observed a blue Cadillac parked across the street from the front of the caller's home. They then saw a man who turned out to be the defendant...

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