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U.S. v. McHUGH

No. 10-5065.

639 F.3d 1250 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Frank McHUGH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2011.

Attorney(s) appearing for the Case

Thomas Scott Woodward , United States Attorney, and Joel-lyn Alicia McCormick , Assistant United States Attorney, Northern District of Oklahoma, for Plaintiff-Appellee.

Julia L. O'Connell , Federal Public Defender, Amanda M. Folsom , Assistant Federal Public Defender, and Barry L. Derryberry , Research and Writing Specialist, Office of the Federal Public Defender, Northern District of Oklahoma, for Defendant-Appellant.

Before O'BRIEN, SEYMOUR, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Kenneth Frank McHugh conditionally pleaded guilty to possession of a firearm and ammunition by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), reserving his right to appeal the district court's previous denial of his motion to suppress evidence. Mr. McHugh now appeals that denial, arguing that his Fourth Amendment rights were violated because the officer that detained him lacked reasonable suspicion to justify the investigatory...

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