U.S. v. CURRY

No. 18-4233.

937 F.3d 363 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Billy CURRY, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 5, 2019.


Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. Caroline Swift Platt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Holli R. Wood , Special Assistant United States Attorney, Michael A. Jagels , Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. Geremy C. Kamens , Federal Public Defender, Alexandria, Virginia, Paul G. Gill , Assistant Federal Public Defender, Laura J. Koenig , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Richardson wrote the majority opinion, in which Judge Niemeyer joined. Judge Floyd wrote a dissenting opinion.


While patrolling a residential neighborhood after dark, police officers heard several gunshots close by. They rushed to the scene to find the Defendant, Billy Curry, Jr., and a half dozen other men, walking away from where the shots were fired. The officers shined flashlights on the men and instructed them to stop, raise...

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