U.S. v. GAINES

Docket No. 04-5616-CR.

457 F.3d 238 (2006)

UNITED STATES of America Appellee, v. Prince GAINES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2006.


Attorney(s) appearing for the Case

Michael Farbiarz, Assistant United States Attorney for the Southern District of New York (Karl Metzner, Assistant United States Attorney, Of Counsel; David N. Kelly, United States Attorney, on the brief), New York, NY, for Appellee.

Darrell B. Fields, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

Before: JACOBS, B.D. PARKER, Circuit Judges, and GLEESON, District Judge.


GLEESON, District Judge.

Prince Gaines appeals from a judgment of the United States District Court for the Southern District of New York convicting him of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and sentencing him principally to a 92-month term of imprisonment. On appeal, Gaines argues, inter alia, that the district court erred by (1) denying his motion to suppress evidence; and (2) instructing the jury that his interest...

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