United States First Circuit

District court's imposition of a sentence of 70 months' imprisonment followed by three years of supervised release upon a defendant convicted of being a felon in possession of a firearm is affirmed where: 1) the Commission did not intend to use the ACCA's definition and as such, defendant's second conviction was clearly a "felony conviction" for a "controlled substance" offense based on the definitions of those terms the Commission adopted; and 2) another enhancement applied as defendant's offense "involved" another two guns, as well as one he sought to obtain for himself.

Appellate Information

• Decided 02/18/2010
• Published 02/18/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Virginia G. Villa, Assistant Public Defender, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief with whom Paula D. Silsby, United States Attorney, was on brief for appellee.