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U.S. v. GARCIA

No. 13-1344.

758 F.3d 714 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Lamont GARCIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2014.

Attorney(s) appearing for the Case

ARGUED: Dennis J. Clark , Clark Law Firm PLLC, Detroit, Michigan, for Appellant. Tessa K. Hessmiller , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Dennis J. Clark , Clark Law Firm PLLC, Detroit, Michigan, for Appellant. Sean C. Maltbie , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which SUTTON, J., joined and MOORE, J., joined in part. MOORE, J. (pp. 725-27), delivered a separate opinion concurring in the judgment.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

When officers arrived at an apartment complex to investigate reported gunfire, Victor Garcia fled. The officers pursued Garcia, and one officer saw objects fall from his person as he scrambled over a fence. Once the officers had subdued and arrested Garcia, they returned to the fence and discovered two items among other snow-covered debris: a silver revolver nestled in the snow and a baseball cap perched atop the...

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