United States DC Circuit

Defendant's conviction for unlawful possession of a firearm by a convicted felon is affirmed over his claim that the district court erred in failing to suppress evidence found during a "protective sweep" of his apartment; however, the record is remanded for a sentence reevaluation pursuant to Booker.

Appellate Information

• Decided 11/18/2005
• Published 11/18/2005

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• A.J. Kramer, Federal Public Defender, argued the cause and filed the briefs for appellant.  Michelle M. Peterson, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• John P. Gidez, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Roy W. McLeese, III, and George P. Eliopoulos, Assistant U.S. Attorneys.