United States First Circuit

Conviction and sentence for being a felon in possession of a handgun is affirmed where: 1) the district court erred presenting the subject matter of the stipulation to the jury in its jury instructions after the close of evidence, but as defendant conceded the elements addressed by the stipulation, no clear and gross injustice to warrant reversal of the conviction; 2) defendant's was properly sentenced under the Armed Career Criminal Act as his escape from secure custody constituted a violent felony within the meaning of the Act, and combined with his other two violent felonies defendant had the requisite three prior violent felony convictions to qualify for the Act's mandatory minimum sentence.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN and LIPEZ, Circuit Judges, and SHADUR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, Assistant Federal Public Defender, for appellant.


• For Appellees:
  
• Terry L. Ollila, with whom Thomas P. Colantuono, United States Attorney, and Aixa Maldonado-Quiñones, Assistant United States Attorney, were on brief, for appellee.