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U.S. v. JUSZCZYK

No. 15-3323.

844 F.3d 1213 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Nicolas P. JUSZCZYK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed January 3, 2017.

Attorney(s) appearing for the Case

Submitted on the briefs.*

Melody Brannon , Federal Public Defender, Thomas W. Bartee , Assistant Federal Public Defender, and Daniel T. Hansmeier , Appellate Chief, Kansas Federal Public Defender, Kansas City, Kansas, for Defendant-Appellant.

Thomas E. Beall , Acting United States Attorney, Jared S. Maag , Assistant United States Attorney, District of Kansas, Topeka, Kansas, for Plaintiff-Appellee.

Before LUCERO, McKAY, and BACHARACH, Circuit Judges.

The Fourth Amendment does not prohibit a search of property that has been "abandoned." United States v. Ruiz, 664 F.3d 833, 841 (10th Cir. 2012). The property at issue here is a backpack owned by Mr. Nicolas Juszczyk, who was repairing his motorcycle in the backyard of Ms. Tina Giger...

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