United States Second Circuit

Conviction for conspiracy to distribute and possess with intent to distribute marijuana is remanded where defendant's motion to suppress evidence seized from a house, in which he claimed a privacy interest, could not properly be denied on grounds of lack of standing without a hearing.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• LEVAL, Circuit Judge:, Before LEVAL, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jocelyn E. Strauber, Assistant United States Attorney, Southern District of New York (Jacob W. Buchdahl, Diane Gujarati, Assistant United States Attorneys, of counsel;  Michael J. Garcia, United States Attorney, on the brief), New York, NY, for Appellee., Diarmuid White, White & White (Brendan White, on the brief), New York, NY, for Defendant-Appellant.