United States First Circuit

Conviction and sentencing of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), and possession of a firearm with an obliterated serial number, 18 U.S.C. section 922 (k), are vacated because the district court incorrectly denied defendant's suppression motion where the firearm and ammunition evidence was tainted by an illegal search and seizure.

Appellate Information

• Decided 11/23/2011
• Published 11/23/2011

Judges

• TORRUELLA, Before TORRUELLA, BOUDIN, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William W. Fick, with whom Federal Public Defender Office, was on brief for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief for appellee.