United States v. Jackson, 092816 FED2, 15-1744

Docket Nº:15-1744
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
 
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UNITED STATES OF AMERICA, Appellee,

v.

VINCENT JACKSON, Defendant-Appellant.

No. 15-1744

United States Court of Appeals, Second Circuit

September 28, 2016

UNPUBLISHED OPINION

SUMMARY ORDER

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 A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 28th day of September, two thousand sixteen.

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.

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...

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