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U.S. v. LAUDERMILT

No. 11-4624.

677 F.3d 605 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Jordan LAUDERMILT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2012.

Attorney(s) appearing for the Case

ARGUED: William J. Ihlenfeld, II , Office of the United States Attorney, Wheeling, West Virginia, for Appellant. Brendan S. Leary , Office of the Federal Public Defender, Wheeling, West Virginia, for Appellee. ON BRIEF: Randolph J. Bernard , Assistant United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellant. Kristen M. Leddy , Research and Writing Specialist, Office of the Federal Public Defender, Martinsburg, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge KEENAN and Judge FLOYD joined.

OPINION

SHEDD, Circuit Judge.

A federal grand jury indicted Jordan Laudermilt on one count of possession of a firearm after a felony conviction, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a). Laudermilt moved before trial to suppress the firearm, arguing that the police seized it in violation of the Fourth Amendment. The district court agreed, and the Government noted a timely appeal under 18 U.S.C...

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