United States v. Bobby Der Enslin, AKA Bobby De Enslin, Bobby Enslin D

Good Law
327 F.3d 788·2003 WL 1923516·2003 Cal. Daily Op. Serv. 3427·2003 U.S. App. LEXIS 7730
United States Court of Appeals for the Ninth CircuitApril 24, 200302-50087California4,962 words

Opinion

Opinion

ORDER

The Opinion filed January 13, 2003, slip op. 331, and appearing at 315 F.3d 1205 , is amended as follows:

1.At slip op. 344 [ 315 F.3d at 1213 ], line 4, insert the following footnote after “During their search,”:

2. At slip op. 343 [ 315 F.3d at 1212 ], footnote 29, insert the following at the end of the first paragraph, line 3 from the bottom:

3. At slip op. 345 [ 315 F.3d at 1212 ], footnote 33, line 1, insert “in oral argument” after “Contrary to Enslin’s assertion”.

With these amendments, the panel has voted unanimously to deny the petition for panel rehearing and the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en bane and no active judge has requested a vote on whether to rehear the matter en banc. Fed. RApp. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED.

OPINION

T.G. NELSON, Circuit Judge.

Bobby Der Enslin appeals his criminal conviction for being a felon in possession of a firearm. He contends that the district court wrongfully denied his motion to suppress evidence from a warrantless search and evidence obtained after he was seized unlawfully. He further contends that…

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