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U.S. v. MOORE

No. 11-5663.

661 F.3d 309 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Elcardo MOORE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Needum L. Germany III , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Kevin G. Ritz , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Valentine C. Darker , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Kevin G. Ritz , Assistant United States Attorney, Memphis, Tennessee, for Appellee.

ROGERS, J., delivered the opinion of the court, in which HOOD, D.J., joined. MOORE, J. (pp. 315-17), delivered a separate opinion concurring in the judgment.

OPINION

ROGERS, Circuit Judge.

Defendant Elcardo Moore was convicted in the District Court for the Western District of Tennessee after pleading guilty to two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). On appeal, he argues that the district court erred in denying his motion to suppress evidence, because the search warrant used to seize the firearms was invalid and...

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