United States First Circuit

Conviction and sentence for possession of a firearm by a felon are vacated where the district court's credibility determination was clearly erroneous based on proven inaccuracies and contradictions in an officer's testimony, and the government's alternative theory of "officer safety" as a justification for searching defendant was explicitly denied by the officer.

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CYR and STAHL, Senior Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jane Elizabeth Lee for the appellant., Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for the United States.