United States v. Howard
United States v. Howard
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision of said district court be and it hereby is AFFIRMED.
Defendant-Appellant David Howard appeals from a conviction for violation of the “Felon in Possession” statutes, 18 U.S.C. §§ 922(g) and 924(e), in the United States District Court for the Eastern District of New York, Frederic Block, Judge.
The district court denied Howard’s motion to suppress the weapon he tossed while fleeing police. The court also denied Howard’s motion for a hearing on justification and excluded evidence, including testimony, in support of that defense.
This Court reviews de novo the legal conclusions underlying a district court’s denial of a motion to suppress. See United States v. Bold, 19 F.3d 99, 102 (2d Cir. 1994). We find that under California v. Hodari D., Howard was not seized when he fled from the officers approaching him. Hodari D., 499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991). As the evidence that Howard tossed during the chase was not the product of a search and seizure, no demonstration of reasonable suspicion was necessary to defeat defendant’s motion to suppress. Id. Howard’s reliance on Florida v. J.L., requiring more than an informant’s allegation of weapon possession to provide the reasonable suspicion necessary for a search and seizure, is thus misplaced. See 529 U.S. 266, 272-73, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000).
We further find that the district court did not err by denying Howard’s motion for a hearing on the justification defense. This Court approves the use of a pre-trial evaluation of defenses as a matter of judicial economy. See United States v. Paul, 110 F.3d 869, 871 (2d Cir. 1997);
Finally, we find that 18 U.S.C. § 922(g) and its supporting provision § 924(e) are constitutional. See United States v. Santiago, 238 F.3d 213, 216 (2d Cir. 2001); United States v. Feliciano, 223 F.3d 102, 117-19 (2d Cir. 2000); United States v. Hernandez, 85 F.3d 1023, 1031 (2d Cir. 1996); United States v. Sorrentino, 72 F.3d 294, 296 (2d Cir. 1995).
For the reasons set forth above, the judgment of the district court is AFFIRMED.
Reference
- Full Case Name
- United States v. David HOWARD
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- 1 case
- Status
- Published