U.S. v. FOFANA

No. 09-4397.

666 F.3d 985 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Fode Amadou FOFANA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2012.


Attorney(s) appearing for the Case

ARGUED: Christopher K. Barnes , Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Brian C. DiFranco , DiFranco Law Office, Columbus, Ohio, for Appellee. ON BRIEF: Christopher K. Barnes , Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Brian C. DiFranco , DiFranco Law Office, Columbus, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which HOOD, D.J., joined. MOORE, J. (pp. 991-97), delivered a separate dissenting opinion.


OPINION

ROGERS, Circuit Judge.

As a result of a presumably illegal airport search, the Government learned that Fode Fofana used "Ousmane Diallo" as an alias. Identification bearing Diallo's name was previously used to open two bank accounts, through which Fofana allegedly committed bank fraud. In Fofana's federal bank fraud case, the district court suppressed any evidence bearing Diallo's name, and the Government appeals that order. Although the actual documentation...

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