United States First Circuit

Conviction and sentence for possession of a firearm and ammunition by an illegal alien are affirmed where: 1) police officers had a reasonable suspicion to believe that defendant was armed, thus they were justified in searching his car; 2) the evidence was sufficient to support the elements of the charges; 3) the prior convictions giving rise to defendant's sentence under the Armed Career Criminal Act did not need to be presented to the jury and proved beyond a reasonable doubt; and 4) a preponderance of the evidence adduced at sentencing supported the conclusion that defendant had been previously convicted of a felony.

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William A. Hahn, by Appointment of the Court, with whom Hahn & Matkov was on brief for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, and Paul R. Moore, Assistant U.S. Attorney, were on brief for appellee.