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U.S. v. PEYTON

No. 10-3099.

745 F.3d 546 (2014)

UNITED STATES of America, Appellee v. Davon PEYTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 2014.

Attorney(s) appearing for the Case

Lisa B. Wright , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender.

Anne Y. Park , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , John P. Mannarino , Matthew M. Graves , and Steven B. Wasserman , Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge HENDERSON.

GRIFFITH, Circuit Judge:

Appellant Davon Peyton challenges the district court's ruling that evidence the police gathered from his apartment during two warrantless searches could be used against him at trial. For the reasons set forth below, we reverse in part, vacate in part, and remand the case to the district court.

I

Peyton and his 85-year-old great-great-grandmother, Martha Mae Hicks, shared a small, one-bedroom apartment in a complex at 401...

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