United States Second Circuit

In the government's appeal from a district court's order holding that a firearm seized during the arrest of defendant must be excluded from evidence because it was obtained as a result of a search that violated the Fourth Amendment, the order is remanded to give the district court the opportunity to reconsider its decision in light of the Supreme Court's recent decision in Herring v. United States, 129 S. Ct. 695 (2009).

Appellate Information

• Argued 04/23/2009
• Decided 06/11/2010
• Published 06/11/2010

Judges

• POOLER, Circuit Judge:, Before POOLER and HALL, Circuit Judges, and SWEET, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sarah P. Karwan, Assistant United States Attorney (Anthony E. Kaplan and William J. Nardini, Assistant United States Attorneys, on the brief), for Nora R. Dannehy, Acting United States Attorney, District of Connecticut, New Haven, CT, for Appellant.


• For Appellees:
  
• Gary D. Weinberger, Assistant Federal Defender (Thomas G. Dennis, Federal Defender, on the brief), Hartford, CT, for Defendant-Appellee.