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U.S. v. WASHINGTON

No. 11-3020.

670 F.3d 1321 (2012)

UNITED STATES of America, Appellee v. Russel C. WASHINGTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2012.

Attorney(s) appearing for the Case

John A. Briley Jr. , appointed by the court, argued the cause and filed the brief for appellant.

Elizabeth H. Danello , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Roy W. McLeese III , Assistant U.S. Attorney.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

When the police stopped appellant for driving at night with no car lights on, a minor traffic offense, they noticed a strong smell of alcohol coming from the car, saw a small amount of red liquid in an open cup in the car, and arrested him for violating D.C.Code § 25-1001(a)(2) (2001). Upon searching the car, the police found a loaded gun under the driver's seat. Possession of a firearm by a person...

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