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U.S. v. BUCKINGHAM

No. 05-5014.

433 F.3d 508 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James Anderson BUCKINGHAM, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2006.

Attorney(s) appearing for the Case

ARGUED: April R. Goode, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee. ON BRIEF: April R. Goode, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

Before: KEITH and BATCHELDER, Circuit Judges; OBERDORFER, District Judge.

OPINION

OBERDORFER, District Judge.

James Anderson Buckingham appeals his conviction and sentence for possession of a firearm by a convicted felon. Buckingham contends that the district court (1) erred in denying his motion to suppress evidence as the fruit of an illegal search and (2) plainly erred in assuming the mandatory nature of the United States Sentencing Guidelines. We agree that the district court erred in upholding the contested search without...

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