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U.S. v. HATFIELD

No. 03-4403.

365 F.3d 332 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. David Lynn HATFIELD, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: January 23, 2004.

Decided: April 23, 2004.

Attorney(s) appearing for the Case

ARGUED: Joshua Clarke Hanks, Assistant United States Attorney, Charleston, West Virginia, for Appellant. Jonathan David Byrne, Legal Research and Writing Specialist, Office of The Federal Public Defender, Charleston, West Virginia, for Appellee. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellant. Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellee.

Before WIDENER, MOTZ and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge MOTZ and Judge GREGORY concurred.

OPINION

WIDENER, Circuit Judge:

This is a case of an unannounced entry under the Fourth Amendment.

In this criminal case, the United States appeals from the district court's order excluding from evidence a pistol found in the pocket of the defendant upon his arrest on an unrelated charge by Wyoming County, West Virginia...

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