776 Fed.Appx. 747 (2nd Cir. 2019), 18-864, United States v. Kiture

Docket Nº:18-864
Citation:776 Fed.Appx. 747
Party Name:UNITED STATES of America, Appellee, v. Brian KITURE, Defendant-Appellant.
Attorney:FOR APPELLANT: Marlon G. Kirton, P.C., New York, NY. FOR APPELLEE: David Zhou (Daniel B. Tehrani, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY.
Judge Panel:PRESENT: John M. Walker, Jr., Susan L. Carney, Richard J. Sullivan, Circuit Judges.
Case Date:September 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 747

776 Fed.Appx. 747 (2nd Cir. 2019)

UNITED STATES of America, Appellee,

v.

Brian KITURE, Defendant-Appellant.

No. 18-864

United States Court of Appeals, Second Circuit

September 13, 2019

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 a judgment of the United States District Court for the Southern District of New York (Failla, J. ).

UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on March 16, 2018, is AFFIRMED.

FOR APPELLANT: Marlon G. Kirton, P.C., New York, NY.

FOR APPELLEE: David Zhou (Daniel B. Tehrani, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY.

PRESENT: John M. Walker, Jr., Susan L. Carney, Richard J. Sullivan, Circuit Judges.

SUMMARY ORDER

Defendant-Appellant Brian Kiture appeals from a judgment of conviction entered on March 16, 2018, in the United States District Court for the Southern District of New York (Failla, J. ). Following a bench trial, Kiture was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). New York Police Department ("NYPD") officers discovered the firearm after arresting Kiture for speeding away from a traffic stop, engaging the officers who stopped him in a high-speed chase, and ultimately driving his vehicle into several parked cars. On appeal, Kiture challenges the district courts denial of his motion to suppress the firearm and a post-arrest statement in which he admitted...

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