United States Second Circuit

In a criminal proceeding in which defendant plead guilty to being a felon in possession of a firearm, denial of defendant's motion to suppress evidence seized in his apartment after his arrest and from the sentence imposed after defendant pleaded guilty, is vacated and remanded where defendant's arrest was not supported by probable cause.

Appellate Information

• Decided 08/18/2008
• Published 08/18/2008

Judges

• NEVAS, District Judge, sitting by designation:, Before:  CALABRESI and LEVAL, Circuit Judges, and NEVAS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant., Emily Berger, Assistant United States Attorney (Daniel A. Spector, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, NY, for Appellee.