United States First Circuit

Conviction of defendant for being a felon in possession of a firearm and a 15-year sentence under the Armed Career Criminal Act is affirmed in part, vacated in part and remanded where: 1) the juror selection plan in effect at the time of defendant's trial complied with the Sixth Amendment; 2) defendant's challenges to several evidentiary rulings are rejected; 3) district court did not commit plain error in concluding that defendant's two prior drug convictions were serious drug offenses under the ACCA; and 4) defendant's prior conviction for resisting arrest was a violent felony under the statute. With respect to defendant's motion for collateral relief under section 2255, district court's ruling on claim of ineffective assistance of counsel as a petition for relief under section 2255 was premature, and thus, should have dismissed it without prejudice.

Appellate Information

• Decided 07/09/2010
• Published 07/09/2010

Judges

• SOUTER, Associate Justice

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen B. Hrones, John M. Pellettieri