United States First Circuit

Conviction and sentence for possession of a firearm and ammunition by a felon are affirmed where: 1) the district court properly denied defendant's motion to suppress evidence since he was not within an area coming under his home's umbrella of Fourth Amendment protection when he was arrested; 2) the district court did not abuse its discretion in denying defendant's motions in limine; 3) a violation of Rule 24 during the empaneling of the jury did not prejudice the defendant; and 4) the Armed Career Criminals Act did not apply to defendant since the government proved only two prior convictions that qualified as predicates.

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and HOWARD, Circuit Judges, and DELGADO-COLÓN, District Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Joan M. Griffin, with whom Benjamin A. Goldberger and McDermott Will & Emery LLP, were on brief, for defendant-appellant/cross-appellee., Donald L. Cabell, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee/cross-appellant.