United States First Circuit

Denial of motion to suppress evidence found during a stop-and-frisk is affirmed where the circumstances of the stop justified the frisking, but sentence is vacated and remanded where it was unclear whether the trial court would have imposed a different sentence had it considered the sentencing guidelines advisory under U.S. v. Booker.

Appellate Information

• Decided 05/12/2006
• Published 05/12/2006

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, for appellant.


• For Appellees:
  
• David H. Koysza, with whom Michael J. Sullivan, United States Attorney, and Kimberly P. West, Assistant U.S. Attorney, were on brief, for appellee.