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U.S. v. KITCHELL

Nos. 09-6176, 09-6206.

653 F.3d 1206 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. John E. KITCHELL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Edward Katsuaki Shigemura, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 9, 2011.

Attorney(s) appearing for the Case

William H. Campbell , Oklahoma City, OK, for Defendant-Appellant John E. Kitchell.

William D. Lunn , Tulsa, OK, for Defendant-Appellant Edward Katsuaki Shigemura.

Chris M. Stephens , Assistant United States Attorney ( Sanford C. Coats , United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before GORSUCH and EBEL, Circuit Judges, and ARGUELLO, District Judge.

EBEL, Circuit Judge.

Defendants-Appellants Edward Katsuaki Shigemura and John Kitchell were arrested and charged with possessing firearms following a prior felony conviction after highway patrol officers stopped and searched their rental vehicle and found six firearms in the trunk. The district court denied the appellants' joint motion to suppress evidence seized during the stop, and they were convicted after a jury trial. In sentencing Mr. Shigemura, the court applied...

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