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U.S. v. McCOY

No. 17-4245.

905 F.3d 409 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. Erik McCOY; Derrick Heard, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 20, 2018.

Attorney(s) appearing for the Case

ARGUED: C. Mitchell Hendy , UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellant. James E. Kolenich , KOLENICH LAW OFFICE, Cincinnati, Ohio, for Appellee McCoy. Travis T. Dunnington , RION, RION, & RION, L.P.A., INC., Dayton, Ohio, for Appellee Heard. ON BRIEF: C. Mitchell Hendy , UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellant. James E. Kolenich , KOLENICH LAW OFFICE, Cincinnati, Ohio, for Appellee McCoy. Jon Paul Rion , RION, RION, & RION, L.P.A., INC., Dayton, Ohio, for Appellee Heard.

Before: GUY, BATCHELDER, and BUSH, Circuit Judges.

OPINION

Police officers obtained a warrant, searched defendants' home, and found over 2,000 grams of heroin, marijuana, drug-distribution paraphernalia, and a large amount of cash. Despite the search's having been conducted under a judge-issued warrant, the district court suppressed the evidence, holding that...

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