663 Fed.Appx. 31 (2nd Cir. 2016), 15-1744, United States v. Jackson

Docket Nº:15-1744
Citation:663 Fed.Appx. 31
Party Name:UNITED STATES OF AMERICA, Appellee, v. VINCENT JACKSON, Defendant-Appellant
Attorney:For Appellee: WAYNE A.MYERS, Assistant United States Attorney, for Richard S. Hartunian, United States Attorney for the Northern District of New York, Albany, NY. For Defendant-Appellant: GWEN M. SCHOENFELD, Law Office of Gwen M. Schoenfeld, LLC, New York, NY.
Judge Panel:Present: ROBERT A. KATZMANN, Chief Judge, RICHARD C. WESLEY, PETER W. HALL, Circuit Judges.
Case Date:September 28, 2016
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 31

663 Fed.Appx. 31 (2nd Cir. 2016)

UNITED STATES OF AMERICA, Appellee,

v.

VINCENT JACKSON, Defendant-Appellant

No. 15-1744

United States Court of Appeals, Second Circuit

September 28, 2016

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from the United States District Court for the Northern District of New York (D'Agostino, J.).

For Appellee: WAYNE A.MYERS, Assistant United States Attorney, for Richard S. Hartunian, United States Attorney for the Northern District of New York, Albany, NY.

For Defendant-Appellant: GWEN M. SCHOENFELD, Law Office of Gwen M. Schoenfeld, LLC, New York, NY.

Present: ROBERT A. KATZMANN, Chief Judge, RICHARD C. WESLEY, PETER W. HALL, Circuit Judges.

OPINION

Page 32

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the order of the district court is AFFIRMED.

Defendant Vincent Jackson appeals from a judgment of the United States District Court for the Northern District of New York (D'Agostino, J.), entered May 21, 2015, convicting him of being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). Specifically, he argues that the firearm and ammunition evidence on which his conviction was based should have been suppressed because that evidence was recovered during an unconstitutional search. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

Jackson was previously convicted of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a) and was sentenced principally to sixty months in prison. Shortly after he was released, he violated the terms of his supervision and was sentenced to an additional six months in prison. On November 15, 2012, Jackson began serving his second term of supervised release in the Northern District of New York. He consented to a special condition of release that provided: You shall submit your person, and any property, house, residence, vehicle, papers, effects, computer, electronic communications devices, and any data storage devices or media, to search at any time, with or without a warrant, by any federal probation officer, or any other law enforcement officer from whom the Probation Office has requested assistance, with reasonable suspicion concerning a violation of a condition of probation or supervised release or unlawful conduct by you. Any items seized may be removed to the Probation Office or to the office of their designee for a more thorough examination.

App. 37 (emphasis added). On March 18, 2013, he was charged in New York state court with misdemeanor assault, and the district court imposed conditions of home detention and electronic monitoring while those charges remained pending. Subsequently, Jackson's electronic monitoring reports revealed that he traveled to New York City without permission on at least five occasions between June 17 and July 16, 2013.

On August 28, 2013, Jackson was riding as a passenger in a vehicle that was pulled over by state police in Plattsburgh, New York. One of the other occupants of the vehicle, Julie Rabideau, had previously been convicted of a federal narcotics trafficking crime. Jackson had approximately $2500 in cash on his person, mainly in denominations of $10 and $20. He told the officer that the money came from his job as a construction worker. However, the Probation Office had no record of Jackson working in that business. The stop did not result in any arrests. Jackson did not notify the Probation Office that he was questioned by a law enforcement officer. Several days later, state police stopped the same vehicle again in Plattsburgh. Rabideau was in the vehicle...

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