United States Second Circuit

Conviction for firearms possession is affirmed where: 1) district court properly denied defendant's motion to suppress the firearms as officers were responding to an anonymous 911 call reporting an ongoing emergency and had reasonable suspicion to stop and to search defendant; and 2) excusal of a juror pursuant to Rule 23(b)(3) was not an abuse of discretion. District court's sentence was improperly in excess of the ten-year statutory maximum and is remanded for resentencing.

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

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

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• John T. Zach, Assistant United States Attorney, (Katherine Polk Failla, Assistant United States Attorney, on the brief) for Lev Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Appellee-Cross-Appellant., Sabrina A. Houlton, (Joseph W. Martini, on the brief), Wiggin and Dana LLP, New Haven, CT, for Defendant-Appellant-Cross-Appellee.