United States First Circuit

Convictions for possession of a firearm and ammunition by a felon are affirmed over defendants' argument that: 1) the government failed to comply with its obligations under Brady and the Jencks Act to disclose exculpatory and impeaching evidence; 2) the district court erred in admitting certain adoptive admission testimony; 3) the court erred in denying their request for two jury instructions; 4) the government's failure to plead and prove their prior convictions to the jury rendered their Armed Career Criminals Act sentences invalid under the Sixth Amendment; and 5) they should not be subject to an ACCA sentence because they were not previously convicted of three violent felonies.

Appellate Information

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

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA and CYR, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Miriam Conrad, Federal Defender Office, was on brief, for appellant Doucette., John J. Barter, was on brief, for appellant Duval.


• For Appellees:
  
• Claire J. Evans, Criminal Appellate Section, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and John A. Capin, Assistant United States Attorney, were on brief, for appellee.