U.S. v. HERNANDEZ

No. 1543, Docket 91-1028.

941 F.2d 133 (1991)

UNITED STATES of America, Appellee, v. Geraldo HERNANDEZ, also known as Gerardo Hernandez, also known as Juan Hernandez, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 8, 1991.


Attorney(s) appearing for the Case

Christopher P. Reynolds, Asst. U.S. Atty., S.D.N.Y. (Helen Gredd, Asst. U.S. Atty., S.D.N.Y. and Otto G. Obermaier, U.S. Atty., S.D.N.Y., of counsel), for appellee.

Barry C. Scheck, New York City (Lawrence A. Vogelman and Ellen Yaroshefsky, of counsel), for defendant-appellant.

Before OAKES, Chief Judge, PRATT and ALTIMARI, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

Defendant Geraldo Hernandez appeals from a judgment convicting him of violating 18 U.S.C. § 922(g), which makes it a crime for a felon to possess a firearm. Hernandez conditioned his guilty plea on the right to appeal the district court's denial of his motion to suppress the handgun that served as the basis for his § 922(g) conviction. Hernandez secondarily argues that if his conviction is not entirely vacated, he should at...

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