U.S. v. LUCKY

Docket No. 08-1939-cr.

569 F.3d 101 (2009)

UNITED STATES of America, Appellee, v. Damon LUCKY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2009.


Attorney(s) appearing for the Case

Sreevamshi C. Reddy, Assistant United States Attorney (David C. James, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellee.

Norman Trabulus, New York, N.Y., for Defendant-Appellant.

Before CALABRESI, KATZMANN, Circuit Judges, EATON, Judge.


CALABRESI, Circuit Judge:

BACKGROUND

I. Investigation, Stop, Search, and Arrest1

A firefighter witnessed a shooting on a street corner in Brooklyn and reported to the New York Police Department ("NYPD") that he had seen a black male, who was 5'6" tall, fire several shots at a crowd of people and flee in a dark sport utility vehicle ("SUV") with New York State license plate number DBM 2474. Two days after the...

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