United States v. Stewart

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

ALVIN K. HELLERSTEIN, District Judge:

Defendant Brett Stewart is charged with violating 18 U.S.C. § 922(g), which prohibits possession of a firearm by a convicted felon. He moved to suppress physical evidence and statements arising from the police stop of the livery cab in which he was riding on the night of his arrest. After holding an evidentiary hearing, I granted Defendant’s motion by Opinion and Order dated June 13, 2007. 491 F.Supp.2d 423 (S.D.N.Y.2007). The Court of Appeals reversed, holding that I had misstated the…