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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
FREDERICK PURCELL, JR.,
Defendant-Appellee.


No. 07-5517

Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 06-00061—David L. Bunning, District Judge.
Argued: March 13, 2008
Decided and Filed: May 29, 2008
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.

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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. In this case we are asked whether the discovery of men’s clothing in a bag that a female claimed to own erases for future bags the apparent authority that justified the officers’ warrantless search of the first bag, thereby making a subsequent search illegal. We hold that the discovery of men’s clothing eviscerated any apparent authority, but that the officers could have reestablished apparent authority by asking the supposed bag owner to verify her control over the other bags to be searched. Furthermore, we hold that exigent circumstances did not justify the illegal search. Because the officers in the instant case did not reestablish apparent authority and could not justify proceeding with a warrantless search by claiming an exigency, we hold that district court did not err when it suppressed the firearm that officers discovered after any apparent authority dissipated, and we AFFIRM the district court’s partial grant of the defendant’s motion to suppress.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANCES DARLENE DEDMAN,
Defendant-Appellant.


No. 06-6124

Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 06-00032—Karl S. Forester, District Judge.
Argued: November 1, 2007
Decided and Filed: May 29, 2008
Before: SILER, MOORE, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. This unusual case arises from the marriage between defendant Darlene Dedman’s (“Dedman”) adopted daughter (who was actually Dedman’s cousin) and Dedman’s adoptive father. Dedman appeals her conviction on the counts of conspiracy to defraud the United States Department of Defense, in violation of 18 U.S.C. § 286, and making material false statements to a federal agent, in violation of 18 U.S.C. § 1001. For these offenses she was sentenced to 27 months of imprisonment and ordered to pay over $200,000 in restitution. The government alleged that Dedman orchestrated the marriage as part of a plan to collect her adoptive father’s, John Watson’s (“Watson”), military pension. Dedman argues that she could not be guilty of conspiracy because the marriage between her adopted daughter and her adoptive father was valid and, therefore, there was no false claim. Furthermore, Dedman asserts that if the marriage was statutorily invalid, then the marriage law is unconstitutional. Dedman also contends that the government failed to produce evidence sufficient to support her convictions. In addition, she maintains that the jury instructions regarding the marriage amounted to a directed verdict against her. Lastly, Dedman avers that the district court miscalculated the government’s loss during her sentencing. Although both the government and the district court made some mistakes in their handling of this case, we conclude that none of the mistakes amount to reversible error. We therefore AFFIRM Dedman’s convictions and sentence.


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ROBERT S. SCUBA,
Petitioner-Appellant,
v.
ANTHONY BRIGANO, Warden,
Respondent-Appellee.


No. 04-3895

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 03-01771—Ann Aldrich, District Judge.
Submitted: July 25, 2007
Decided and Filed: December 27, 2007
Before: KEITH and GRIFFIN, Circuit Judges; VAN TATENHOVE, District Judge.

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OPINION
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VAN TATENHOVE, District Judge. Robert S. Scuba was convicted in Geauga County, Ohio, on one count of aggravated robbery and one count of felonious assault. After a lengthy appeals process, Scuba filed a petition for a writ of habeas corpus in federal district court. The district court dismissed Scuba’s petition, finding that he had procedurally defaulted his state court claims. Because we agree, the dismissal of Scuba’s habeas petition is affirmed.