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U.S. v. BUMPERS

No. 11-4689.

705 F.3d 168 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Irvin BUMPERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Patrick L. Bryant , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Richard Daniel Cooke , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Rodolfo Cejas, II , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, Kristine E. Wolfe , Special Assistant United States Attorney, Office of the United States Attorney, Newport News, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge FLOYD joined. Judge DIAZ wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

Irvin Bumpers was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He now appeals the district court's denial of his motion to suppress the firearm that was the basis of his conviction. For the reasons that follow, we affirm the judgment.

I.

On the evening of December 18, 2009, Newport News Police Officer R.B. Tinsley was on routine patrol in his police car...

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