United States v. Chaney

U.S. Court of Appeals for the Fifth Circuit

United States v. Chaney

Opinion

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT

____________

No. 99-30933 ____________

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

DARRYL W. CHANEY, also known as Gregory W. Chaney,

Defendant-Appellee.

Appeal from the United States District Court For the Middle District of Louisiana Dist. Ct. No. 99-CR-40-1

September 11, 2000

Before DUHÉ, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:*

Darryl W. Chaney, a/k/a Gregory W. Chaney, is charged with being a convicted felon in

possession of a firearm and being a convicted felon in possession of ammunition, both in violation of

18 U.S.C. § 922

(g)(1). Chaney moved to suppress the ammunition, the gun, and incuplatory

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. statements. The district court granted the motion to suppress with regard to the ammunition and the

statements but denied it with regard to the gun. The government appeals the district court’s

suppression of the ammunition and t he statements. Finding that the district court rendered its

decision without the benefit of the Supreme Court’s recent decision in Illinois v. Wardlow,

120 S.Ct. 673

,

145 L.Ed.2d 570

(2000), we VACATE and REMAND for reconsideration and further findings

in accordance with that decision.

-2-

Reference

Status
Unpublished