U.S. v. Lyons

In prosecution on unlawful possession of firearm charge stemming from search of defendant during traffic stop, Dist. Ct. did not err in denying defendant’s motion to suppress search where defendant was passenger in said vehicle. While defendant argued that police lacked reasonable basis to frisk him, police had reasonable suspicion to frisk him where: (1) police had reasonable basis to stop vehicle; (2) police had reasonable basis to frisk driver, since police had knowledge that driver had recently been arrested with firearm on two other occasions and had attempted during instant stop to flee through red light; and (4) police could have concluded that driver had opportunity during car chase to transfer firearm to defendant. Defendant, though, was entitled to new sentence hearing where: (1) Dist. Ct. was under misunderstanding that five-year period of supervised release was statutorily prescribed minimum period of time; and (2) Dist. Ct. failed to adequately explain its rationale for imposition of 210-month sentence. Fact that defendant had suggested 210-month sentence as one of several alternatives did not relieve Dist. Ct. of its obligation to provide said explanation.