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U.S. v. BEAUCHAMP

No. 10-5102.

659 F.3d 560 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Gevoyl N. BEAUCHAMP, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Curtis Lee Blood , Collinsville, Illinois, for Appellant. Elaine K. Leonhard , Assistant United States Attorney, Fort Mitchell, Kentucky, for Appellee. ON BRIEF: Curtis Lee Blood , Collinsville, Illinois, for Appellant. Elaine K. Leonhard , Assistant United States Attorney, Fort Mitchell, Kentucky, Charles P. Wisdom Jr. , Assistant United States Attorney, Lexington, Kentucky, for Appellee.

MARBLEY, D.J., delivered the opinion of the court, in which MOORE, J., joined. KETHLEDGE, J. (pp. 575-78), delivered a separate dissenting opinion.

OPINION

ALGENON L. MARBLEY, District Judge.

Defendant-appellant Gevoyl Beauchamp appeals the judgment entered following his plea of guilty to possession with intent to distribute crack cocaine. Beauchamp challenges the district court's denial of a motion to suppress evidence obtained pursuant to a seizure. Because the police officer's seizure of Beauchamp was neither consensual nor based on reasonable and articulable suspicion, and because the consent given...

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