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United States v. Seay

United States Court of Appeals, Fourth Circuit

December 4, 2019

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
DARRYL MARSHALL SEAY, Defendant-Appellant.

          Argued: September 20, 2019

          Amended: December 4, 2019

          Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (4:17-cr-00100-RAJ-LRL-1)

         ARGUED:

          Caroline Swift Platt, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Daniel Taylor Young, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

         ON BRIEF:

          Geremy C. Kamens, Federal Public Defender, Andrew W. Grindrod, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Conor Mulroe, Special Assistant United States Attorney, Alexander B. Gottfried, Special Assistant United States Attorney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Zachary Terwilliger, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

          Before NIEMEYER, KEENAN, and RUSHING, Circuit Judges.

         

          RUSHING, Circuit Judge:

         Defendant Darryl Seay was convicted of possession of a firearm by a felon. On appeal, he asserts that the district court erred when it denied his motion to suppress the firearm as the fruit of an unconstitutional search because police inevitably would have discovered it. For the reasons that follow, we affirm.

         I.

...


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