FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS HON. RYA W. ZOBEL, U.S. DISTRICT JUDGE, HON.
JOSEPH L. TAURO, U.S. DISTRICT JUDGE.
A. F. Lewis on brief for appellant.
E. Lelling, United States Attorney, and Michael J. Crowley,
Assistant U.S. Attorney, on brief for appellee.
Lynch, Stahl, and Barron, Circuit Judges.
BARRON, CIRCUIT JUDGE.
Henderson ("Henderson") was indicted in the United
States District Court for the District of Massachusetts in
April 2011 on one count of being a felon in possession of a
firearm and ammunition, in violation of 18 U.S.C. §
922(g)(1). He was convicted of that offense after trial in
October 2016, following intermittent pre-trial proceedings,
and, in February 2017, he was sentenced to time served plus
three weeks of imprisonment and three years of supervised
release. Henderson now challenges his conviction and his
sentence. For the reasons that follow, we affirm.
was arrested in Boston, Massachusetts on January 2, 2011
after law enforcement found a firearm on his person pursuant
to a traffic stop and pat-down frisk. Henderson filed a
motion to suppress evidence of the firearm, for which the
District Court held a three-day evidentiary hearing. Based on
testimony, call transcripts, and other evidence adduced at
the hearing, the District Court made the following findings
an investigation of the Academy Homes Street Gang, law
enforcement officials, including a detective with the Boston
Police Department ("BPD"), intercepted a string of
phone calls -- from December 30, 2010 to January 1, 2011 --
that suggested that Henderson was armed and committing
violent crimes targeting members of that gang. The intercepts
also revealed that the gang may also have been targeting
Henderson, who had earlier been shot by the gang. The
detective briefed other officers on the morning of January 2,
2011 about the information gleaned from the phone calls and
the potential danger that Henderson posed. The detective
specifically alerted team members that he expected Henderson
to be armed. Officers soon thereafter "established
surveillance" near Henderson's fiancée's
residence in Boston, where Henderson often stayed.
same afternoon, the detective and a special agent with the
Federal Bureau of Investigation ("FBI") observed
Henderson exit his fiancée's residence and engage
in an "animated conversation" with another man on
the public street in front of the residence. They saw
Henderson reach toward his waist with his right hand, at
which point the other man threw his hands up and backed away.
detective broadcast his observations of the altercation, and
his belief that Henderson possessed a firearm, by radio to a
BPD police officer and a lieutenant with the Massachusetts
State Police ("MSP"). They were each stationed
nearby and had taken part in the detective's earlier
briefing. Immediately after the altercation, the BPD officer
and MSP lieutenant saw Henderson, his fiancée, and
their child enter a car. The BPD officer and MSP lieutenant
followed the car until it made an illegal U-turn and pulled
over to the side of the road.
Henderson exited the vehicle, the officers activated their
emergency lights and pulled up behind the car.
the MSP lieutenant informed Henderson of the traffic
violation, the BPD officer conducted a pat-down frisk. The
FBI special agent exited his own vehicle to assist the two
officers, and the three of them ...