United States of America, Appellant-Cross-Appellee v. Ramon Reyes, Defendant-Appellee-Cross-Appellant

MCLAUGHLIN, Circuit Judge.

A confidential informant (“Cl”) advised the New York City Police Department (“NYPD”) that defendant Ramon Reyes regularly sold narcotics and carried a firearm. Cooperating with the NYPD, the Cl arranged to purchase heroin from Reyes in a “buy-and-bust” operation.

As previously agreed, Reyes met the Cl and an undercover officer, posing as the “money guy,” at a bodega in the Bronx. The Cl saw that Reyes was carrying narcotics; but he could not tell whether Reyes was armed. Officers were then directed to arrest Reyes.

Before handcuffing Reyes or conducting a pat-down…