United States First Circuit

Conviction and sentence for possessing and selling stolen firearms is affirmed where: 1) the district court did not err in admitting two weather reports into evidence as any error in the admission was harmless and did not influence the verdict; 2) the court did not err in considering his two prior convictions under Florida state law as violent felonies under the Armed Career Criminal Act; 3) the court did not fail to make adequate findings to support defendant's sentence, and the sentence was not unreasonable; and 4) judicial estoppel applies to defendant's claims, as defendant's argument in his motion to dismiss under the Speedy Trial Act that the court erred in failing to articulate its reasons for granting his ends of justice continuance, is clearly inconsistent with his prior position concerning the grant of his motions for the continuances.

Appellate Information

• Decided 06/12/2009
• Published 06/12/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, STAHL, Circuit Judges, and GARCÍA-GREGORY, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert M. Greenspan, for appellant.


• For Appellees:
  
• Sandra S. Bower, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.