United States First Circuit

Conviction and sentence for possession of a firearm by a felon are affirmed over defendant's arguments that: 1) juvenile adjudications may not be constitutionally used as predicate convictions to support an Armed Career Criminal Act enhancement; 2) the government must prove to a jury beyond a reasonable doubt the fact of a conviction that is used as a sentencing predicate; 3) the government may not use the same felony to trigger the charge of felon-in-possession of a firearm and also as one of the three predicate ACCA convictions; 4) there was insufficient evidence to support the conviction; and 5) the district court erred in its instructions to the jury.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William A. Hahn, with whom Hahn & Matkov was on brief, for appellant.


• For Appellees:
  
• Sandra S. Bower, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.