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U.S. v. MABRY

No. 12-3036.

728 F.3d 1163 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce A. MABRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 4, 2013.

Attorney(s) appearing for the Case

John K. Henderson, Jr. , Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

Brent I. Anderson , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before TYMKOVICH, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

INTRODUCTION

Bruce A. Mabry was arrested for a parole violation. While arresting Mr. Mabry, the officers found a sawed-off shotgun and subsequently charged Mr. Mabry with its possession. He moved to suppress the evidence of the weapon on the basis that his Fourth Amendment rights were violated by the search. The district court denied his motion to suppress, and Mr. Mabry appeals.

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