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U.S. v. GAINES

No. 17-3270.

918 F.3d 793 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Desmond S. GAINES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED March 12, 2019.

Attorney(s) appearing for the Case

Paige A. Nichols , Assistant Federal Public Defender, ( Melody Brannon , Federal Public Defender, with her on the briefs), Kansas Federal Public Defender, Topeka, Kansas, for the Defendant-Appellant.

Stephen A. McAllister , United States Attorney ( Carrie N. Capwell , Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Kansas City, Kansas, for the Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, BACHARACH, and McHUGH, Circuit Judges.

This appeal stems from a search, which took place after the police spoke with the defendant, Mr. Desmond Gaines. After a brief exchange, Mr. Gaines fled but was soon captured. The police then found cocaine, marijuana, PCP, drug paraphernalia, over $640, and a handgun. Mr. Gaines unsuccessfully moved to suppress this evidence...

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