Kazmarek

MEMORANDUM **

John Kazmarek appeals from his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We affirm.

I

The district court did not err in refusing to suppress Kazmarek’s unwarned statement regarding the missing gun’s location. That statement was admissible at Kazmarek’s trial, despite the lack of warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), because it fell within the public safety exception of New York v. Quarles, 467 U.S. 649 , 104 S.Ct. 2626 , 81 L.Ed.2d 550 (1984). At the time Officer Gagliardi asked Kazmarek about the gun’s location, Kazmarek was acting angrily, appeared to be under the influence of methamphetamine, and had just withdrawn an empty holster from his waistband and thrown it underneath his car. Officer Gagliardi was alone and confronted two suspects, Kazma-rek and Robin Poland, a female companion. Though Kazmarek was handcuffed by the time Officer Gagliardi asked him about the gun’s location, Ms. Poland was not handcuffed and could have accessed the missing gun. This combination of circumstances suffices to show that Officer Ga-gliardi’s…