United States v. Hussain

LOHIER, Circuit Judge:

Damian Cunningham was convicted after a jury trial of participating in a robbery conspiracy (Count One) and using and carrying firearms during and in relation to the robbery conspiracy (Count Two). During the trial, the Government introduced a gun that an officer of the New York City Police Department (“NYPD”) found while searching Cunningham’s car during a traffic stop. The primary issue we consider is whether the search violated the Fourth Amendment. Citing Michigan v. Long, the United States District Court for the Southern District of New York (Sullivan, J.)…