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US v. Day, No. 08-5231

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By FindLaw Staff on January 08, 2010 2:25 PM

In a conviction of defendant for being a drug user in possession of a firearm and possession of marijuana, district court's grant of defendant's motion to suppress as to the marijuana and to all statements about the firearm and the marijuana is reversed and remanded as, defendant has not met his burden of proving the existence of an agency relationship between the government and the private security guards whose conduct is under challenge.   

Read US v. Day, No. 08-5231

Appellate Information

Argued: October 28, 2009

Decided: January 8, 2010

Judges

Opinion by Circuit Judge King

Counsel

For Appellant:  Richard Daniel Cooke, Office of the United States Attorney

For Appellee:  Mary Elizabeth Maguire, Office of the Federal Public Defender

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