United States Fourth Circuit

Conviction and sentence for possession of a firearm after having been convicted of a felony is vacated and the case remanded where the officer who wrote an affidavit used in support of a search warrant deliberately omitted facts about the location of the trash that the officer searched and upon which he based his finding of probable cause.

Appellate Information

• Decided 05/06/2008
• Published 05/06/2008

Judges

• Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin Gregory Bahl, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.  Debra L. Dwyer, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Joseph L. Evans, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.