United States First Circuit

Conviction for possession of ammunition by a felon is affirmed where the district court correctly denied defendant's motion to suppress since the defendant was not seized for Fourth Amendment purposes until after he fled from officers. Sentence is vacated and remanded on the government's appeal where a Massachusetts charging document that stated the defendant "assault[ed] and beat" a victim was sufficient to establish that the previous state conviction was for a violent battery and therefore a "crime of violence" for purposes of the Armed Career Criminals Act.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Syrie D. Fried, for appellant., Anne C. Goldbach, President, on brief for amicus curiae Massachusetts Association of Criminal Defense Lawyers.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States attorney was on brief, for appellee.