United States of America v. Johnny Wayne Price

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0263n.06
Filed: May 15, 2008
No. 07-5438
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHNNY WAYNE PRICE,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TENNESSEE
Before: ROGERS, COOK, and McKEAGUE, Circuit Judges.
PER CURIAM. In this appeal, defendant challenges the district court’s denial of his motion
to suppress evidence seized after defendant’s wife consented to a search of defendant’s home. The
search that defendant challenges, however, did not yield evidence pertinent to defendant’s offense
of conviction. Accordingly, even if this court were to determine that the challenged search was
unlawful, such a determination would have no bearing on the validity of defendant’s conviction.
Counsel for the defendant and the government agree that this is the case. The appeal is therefore
dismissed and the case is ordered removed from the oral argument calendar.

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