U.S. v. HERBIN

No. 02-5143.

343 F.3d 807 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Terry Lamont HERBIN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2003.


Attorney(s) appearing for the Case

ON BRIEF: Dan R. Smith, ASSISTANT UNITED STATES ATTORNEY, Johnson City, Tennessee, for Plaintiff-Appellant.

William L. Ricker, RICKER LAW OFFICE, Greeneville, Tennessee, for Defendant-Appellee.

Before: DAUGHTREY, MOORE, and SUTTON, Circuit Judges.


Pursuant to Sixth Circuit Rule 206

OPINION

SUTTON, Circuit Judge.

A federal grand jury indicted Terry Lamont Herbin for violating 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms, after the police seized a .38 caliber handgun from the car in which Herbin was a passenger. Herbin moved to suppress the firearm, arguing that narcotics officers violated the Fourth Amendment when they used traffic violations as a pretext...

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