United States First Circuit

Conviction and sentence under the Armed Career Criminals Act for possession of a firearm by a felon is affirmed over defendant's contentions that: 1) the trial court's admission of a recording of a 911 call made by a declarant whom defendant did not have the opportunity to cross-examine violated the Confrontation Clause; and 2) the trial court improperly classified defendant's 1989 conviction for indecent assault and battery on a child under fourteen as a violent felony under the ACCA because his conviction was for a state-law crime that covered both violent and non-violent conduct.

Appellate Information

• Decided 08/21/2007
• Published 08/21/2007

Judges

• SARIS, District Judge., Before HOWARD, Circuit Judge, CAMPBELL, Senior Circuit Judge, and SARIS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jane Elizabeth Lee, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.