United States First Circuit
US v. Smith, 06-2247
Conviction for falsely stating on a federal firearms transaction record that defendant had never been committed to a mental hospital is affirmed over defendant's arguments that: 1) the district court should have suppressed the record of his involuntary mental health commitment on the ground that it had been obtained through police records that were protected from disclosure by state law; 2) federal regulations governing records at federally assisted drug abuse treatment programs precluded disclosure of the record of his involuntary commitment; and 3) the trial judge failed to directly and personally address defendant in open court during a plea hearing about his understanding of the law in relation to the alleged facts which would constitute the offense charged in the indictment.
Appellate Information
- Decided 12/21/2007
- Published 01/03/2008
Judges
- LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- J. Gregory Batten, for appellant.
- For Appellees:
- Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.