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221080P.pdf   06/13/2023  United States  v.  Sylvester Cunningham
   U.S. Court of Appeals Case No:  22-1080
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
[PUBLISHED] [Colloton, Author, with Wollman and Stras, Circuit Judges] Criminal case - Criminal law. The police officer's action in lifting the cushion of defendant's wheelchair was permissible on two grounds - as an investigative search based on reasonable suspicion of crime and danger and, second, as a search for evidence based on probable cause under exigent circumstances; 18 U.S.C. Sec. 922(g)(1) does not violate the Second Amendment as the long-standing prohibition on possession of firearms by felon is constitutional - see U.S. v. Jackson, No. 22-2870, 2023 WL 3769242 (8th Cir. June 2, 2023); the evidence was sufficient to support defendant's convictions for possession of cocaine with intent to distribute, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking offense. Judge Stras, dissenting.