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U.S. v. RODRIGUEZ

No. 10-1891.

659 F.3d 117 (2011)

UNITED STATES of America, Appellee, v. Johnny RODRIGUEZ, a/k/a Roberto Melendez, a/k/a Edwin Bermudezquinones, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 13, 2011.

Attorney(s) appearing for the Case

Eduardo Masferrer , by appointment of the court, with whom Masferrer & Associates, P.C. was on brief for appellant.

Elizabeth L. Prevett , Federal Public Defender Office, on brief for the Federal Public Defender Office for the Districts of Massachusetts, New Hampshire and Rhode Island, Amicus Curiae.

Mark T. Quinlivan , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and THOMPSON, Circuit Judges.

BOUDIN, Circuit Judge.

In June 2009, police took Johnny Rodriguez into custody while executing a search warrant at his apartment in Lynn, Massachusetts. After obtaining a separate warrant to search for illegal drugs and weapons, the police recovered 5 firearms, 398 rounds of ammunition, firearms-related items (including a rifle scope, rifle case, and holsters), 29.4 grams of marijuana, 243.49 grams of cocaine, knotted plastic baggies, and $6,556 cash.

A one...

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