Appeals court upholds conviction of Las Vegas man

By Steve Kanigher

Tuesday, Sept. 6, 2011 | 4:33 p.m.

A federal appeals court last week upheld the conviction in Las Vegas of a man who received a 15-year prison sentence for being a felon in possession of a firearm and for possession with intent to distribute a controlled substance.

Michael Palumbo, who was sentenced last year by U.S. District Court Judge Roger Hunt, argued that the district court erred in denying his motion to suppress evidence resulting from his arrest because the officers didn't have probable cause to arrest him. He also argued that the court erred in finding that the search of his vehicle was legitimate.

But the 9th U.S. Circuit Court of Appeals rejected his arguments, ruling that officers had reasonable suspicion to approach him.

According to court records, Palumbo agreed to meet an undercover officer who had expressed interest in purchasing 1/16th of an ounce of methamphetamine from him. Officers then observed Palumbo circling a parking lot of the agreed-upon meeting place and engaging in hand-to-hand transactions, leading to reasonable suspicion that he was engaged in distributing illegal narcotics.

Officers also saw Palumbo with a handgun in his pocket.

"Once the officers observed Palumbo's gun, they clearly had probable cause to arrest him," the 9th Circuit ruled. "We thus conclude that the evidence derived from Palumbo's arrest was properly admitted at trial."