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United States Eighth Circuit


US v. Valencia, 06-3501

A conviction for possession of an unregistered firearm is affirmed over a claim of erroneous denial of a motion to suppress where: 1) the district court did not clearly err in concluding exigent circumstances objectively justified a warrantless entry into defendant's apartment where shotgun blasts were heard; and 2) defendant's custody and the time lapse between the gunshots and the officers' entry did not eliminate the exigency of the situation.

Appellate Information

  • Decided 08/23/2007
  • Published 08/23/2007

Judges

  • MELLOY, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • John C. Vanderslice, Lincoln, NE, for appellant.

  • For Appellees:
  • Steven A. Russell, AUSA, Lincoln, NE, for appellee.
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