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United States Second Circuit

US v. Harrison, 09-2907

Defendant's possession with intent to distribute cocaine base conviction is affirmed where the time elapsed between the stop at issue and the arrest was only five to six minutes, and the questions about the passengers' comings and goings were subsumed in that brief interval, and this additional questioning did not prolong the stop so as to render it unconstitutional.

Appellate Information

  • Argued 05/19/2010
  • Decided 05/26/2010
  • Published 05/26/2010


  • PER CURIAM:, Before JACOBS, Chief Judge, MINER and WESLEY, Circuit Judges.


  • United States Second Circuit


  • For Appellant:
  • Kenneth M. Moynihan, Philadelphia, PA, for Appellant.

  • For Appellees:
  • Paul D. Silver (Ransom P. Reynolds, III, on the brief), United States Attorney's Office for the Northern District of New York, for Richard S. Hartunian, United States Attorney for the Northern District of New York, Albany, NY, for Appellee.
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