United States First Circuit

Conviction of defendant for transporting a firearm in interstate commerce as a convicted felon and sentence to 262 months' imprisonment is reversed and remanded for the entry of judgment of acquittal as, on the facts of this case, a silencer cannot qualify as a "firearm" within the meaning of the statutory definition.

Appellate Information

• Decided 06/18/2010
• Published 06/18/2010

Judges

• Before Boudin, Gibson  and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.