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: Third Circuit Blog

Circuit affirms denial of motion to suppress, but finds "possession in connection with another felony" enhancement applied in error

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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U.S. v. Hester, No. 16-3570, 2018 WL 6259314 (3d Cir. Nov. 30, 2018)In this felon-in-possession of a firearm case, the Third Circuit affirmed the denial of a motion to suppress, but held that application of a sentencing enhancement for possession in connection with another felony was erroneous. Hester was a passenger in a car parked illegally in front of a corner store in Newark, New Jersey, at approximately 11:40 p.m. Police observed the driver enter the corner store, which had a known history of narcotics sales. When the driver returned to the car, a marked police car pulled up along the driver's side of the car, and an unmarked car pulled up behind it. The officers approached both sides of the car on foot, one approached the driver?s side window; three others approached and stood at the passenger's side of the vehicle...continue to full post

Full post as published by Third Circuit Blog on December 04, 2018 (boomark / email).