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U.S. v. ROBERTSON

No. 12-4486.

736 F.3d 677 (2013)

United States of America, Plaintiff-Appellee, v. Jamaal Antonio ROBERTSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Ronald Cohen , Wilmington, North Carolina, for Appellant. Michael A. DeFranco , Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

ON BRIEF: Ripley Rand , United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

Reversed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge DUNCAN joined. Judge WILSON wrote a dissenting opinion.

GREGORY, Circuit Judge:

This appeal stems from an interaction between Jamaal Robertson and Durham Police Officer Doug Welch in a bus shelter. Officer Welch had come to the neighborhood around the bus shelter in response to reports of a foot chase involving a gun. After some initial investigations, Officer Welch and a crew of police officers focused their response on a bus shelter containing six individuals. Among them was Jamaal Robertson. While several officers engaged...

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