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UNITED STATES v. BARRETT

No. 19-7049.

985 F.3d 1203 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Eugene BARRETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 19, 2021.

Attorney(s) appearing for the Case

David B. Autry , Oklahoma City, Oklahoma, ( Heather E. Williams , Federal Defender; Joan M. Fisher and Carrie L. Ward , Assistant Federal Defenders, with him on the briefs), Office of the Federal Public Defender, Eastern District of California, Sacramento, California, for Defendant-Appellant.

Jeffrey B. Kahan , Deputy Chief, Capital Case Section, ( Brian A. Benczkowski , Assistant Attorney General, with him on the brief), Department of Justice, Washington, D.C.; ( Brian J. Kuester , U.S. Attorney General, Christopher J. Wilson and Linda Epperly , Assistant U.S. Attorneys, with him on the brief), U.S. Department of Justice, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before HARTZ, MATHESON, and CARSON, Circuit Judges.

Table of Contents

I. Introduction ... 1207

II. Background ... 1207

A. Factual Background ... 1208

1. Police Obtained a Warrant to Search Mr. Barrett's House ... 1208

2. Police Surveilled Mr. Barrett's House ... 1208

3. Police Attempted to Execute the Warrant... 1208

...

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