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US v. Dupree, 09-3391

By FindLaw Staff on August 06, 2010 | Last updated on March 21, 2019

US v. Dupree, 09-3391, concerned a challenge to the district court's denial of the government's motion for reconsideration of its holding that defendant had been seized without reasonable suspicion, in a prosecution of a defendant for possession of a firearm by a felon.  In affirming the judgment, the court held that, because the government has made no attempt to show good cause, it waived its policy argument that the district court should not have applied the exclusionary rule to suppress defendant's firearm.  The court also held that the government waived its independent-crime argument by failing to raise it before the district court ruled on defendant's motion to suppress.  Lastly, the court held that the district court did not abuse its discretion in denying the government's motion for reconsideration.

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