United States v. Kiture, 091319 FED2, 18-864
|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|
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.
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 13th day of September, two thousand nineteen.
Appeal from a judgment of the United States District Court for the Southern District of New York (Failla, J.).
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.
UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the judgment entered on March 16, 2018, is AFFIRMED.
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 court's denial of his motion to suppress the firearm and a post-arrest...
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