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UNITED STATES v. LEGGETTE

No. 21-4175.

57 F.4th 406 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Ervin Dwayne LEGGETTE, a/k/a Ervin Dewayne Leggette, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2023.

Attorney(s) appearing for the Case

ARGUED: Ames Colby Chamberlin , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greensboro, North Carolina, for Appellant. Margaret McCall Reece , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Louis C. Allen , Federal Public Defender, Greensboro, North Carolina, Brittany Speas , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Winston-Salem, North Carolina, for Appellant. Sandra J. Hairston , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Quattlebaum and Senior Judge Floyd joined.

Late one spring evening, Dwayne Leggette and Deborah Marshall were trespassing in a public park after it closed. When officers saw their car, they investigated the trespass. The officers found a gun abandoned in a nearby trash can, so they frisked Leggette and questioned him about the gun. After first denying the gun was...

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