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U.S. v. SMART

No. 04-1480.

393 F.3d 767 (2005)

UNITED STATES of America, Appellant, v. Kenny Eugene SMART, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2005.

Rehearing and Rehearing Denied February 9, 2005.

Attorney(s) appearing for the Case

Clifford D. Wendel, Shannon Leigh Olson, U.S. Attorney's Office, Des Moines, IA, for Plaintiff-Appellant.

Timothy S. Ross-Boon, Federal Public Defenders Office, Des Moines, IA.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 9, 2005.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The United States seeks interlocutory review of a district court order granting a motion to suppress a handgun seized from Kenny Smart's vehicle. After concluding that the police obtained the handgun pursuant to a stop of Mr. Smart's car that was premised on a mistake of law, the district court held that the evidence seized during the subsequent search of the car...

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