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UNITED STATES v. SAMILTON

Nos. 21-6149 No. 21-6150.

56 F.4th 820 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. David Ashard SAMILTON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. David Ashard Samilton, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED December 20, 2022.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Susan M. Otto , Federal Public Defender and Laura K. Deskin , Research & Writing Specialist, Oklahoma City, Oklahoma, on the brief for Defendant-Appellant.

Robert J. Troester , U.S. Attorney and David R. Nichols, Jr , Assistant U.S. Attorney, Oklahoma City, Oklahoma, on brief for Plaintiff-Appellee.

Before MATHESON, CARSON, and ROSSMAN, Circuit Judges.

Patrol Sergeant Mark Garrett seized a firearm from underneath David Samilton's passenger seat during a vehicle stop. Based on the firearm, (1) a jury convicted Mr. Samilton of being a felon in possession, and (2) the district court revoked his supervised release in an unrelated case. On appeal in both cases, Mr. Samilton...

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