133 F.3d 908 (2nd Cir. 1997), 97-1238, U.S. v. Clarke

Docket Nº:97-1238.
Citation:133 F.3d 908
Party Name:UNITED STATES of America, Appellee, v. Brian Robert CLARKE, Defendant-Appellant.
Case Date:December 08, 1997
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 908

133 F.3d 908 (2nd Cir. 1997)

UNITED STATES of America, Appellee,

v.

Brian Robert CLARKE, Defendant-Appellant.

No. 97-1238.

United States Court of Appeals, Second Circuit

December 8, 1997

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Connecticut (Alan H. Nevas, District Judge ).

APPEARING FOR APPELLEE: Kari A. Pedersen Assistant United States Attorney Bridgeport, Connecticut

APPEARING FOR APPELLANT: Brian T. Stapleton Stamford, Connecticut

Before OAKES and WALKER, Circuit Judges, and BRIEANT, District Judge. [*]

This cause came on to be heard on the transcript of record from the United States District Court for the District of Connecticut and was argued.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court is hereby AFFIRMED.

On January 13, 1997, defendant-appellant Brian Robert Clarke ("Clarke") pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). After entering judgment of conviction, the United States District Court for the District of Connecticut (Alan H. Nevas, District Judge ), sentenced Clarke in principal part to 120 months' imprisonment. Clarke raises two claims on appeal. 1 First, he argues that the district court committed reversible error in denying his motion to suppress the firearm which was the basis of his conviction. Second, he argues that the district court erred by upwardly adjusting his offense category by four points for possession of a firearm in connection with another felony offense, namely narcotics trafficking, pursuant to U.S.S.G. § 2K2.1(b)(5). We reject these challenges, and affirm the judgment of the district court.

A brief recitation of the facts of this case is necessary. On March 1, 1996, officers of the Milford Police Department ("MPD") and the Bridgeport Police Department ("BPD") attempted to arrest Clarke pursuant to an arrest warrant. Two MPD officers waited in front of Clarke's apartment building, observing the area. When Clarke exited his building, the officers called out to him, and Clarke ran back into the building. Shortly thereafter, two BPD officers arrived on the...

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