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U.S. v. SCOTT

No. 11-10529.

705 F.3d 410 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Lomando Mark SCOTT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2012.

Attorney(s) appearing for the Case

Nadia Janjua Ahmed & Adam M. Flake , United States Attorney's Office District of Nevada, Las Vegas, NV, for the appellant.

Alina M. Shell & Brenda Weksler , Federal Public Defender's Office, Las Vegas, NV, for the appellee.

Opinion by Judge BYBEE; Concurrence by Judge RAWLINSON.

OPINION

BYBEE, Circuit Judge:

Defendant Lomando Scott was arrested and charged with possession of a controlled substance and a firearm. Scott moved to suppress evidence of these crimes that was discovered in the subsequent warrantless search of his car. After the government failed to file a timely written response to Scott's motion to suppress, raising its substantive arguments for the first time orally during the suppression hearing, the magistrate judge...

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