In a prosecution for possession of a firearm by a convicted felon, district court's denial of defendant's motion to suppress a firearm seized from his vehicle during a traffic stop is affirmed as the district court did not commit plain error, or any error at all, in refusing to suppress the firearm as the police lawfully seized defendant's pistol when it came into plain view before any search of defendant's vehicle, and as such, Gant does not apply to the present facts.
Argued: October 29, 2009
Decided: December 7, 2009
Opinion by Circuit Judge Motz
For Appellant: Allegra Mathilde Catha Black, Office of the Federal Public Defender
For Appellee: Jean Barrett Hudson, Office of the United States Attorney