United States First Circuit

Conviction of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), and sentencing to fifteen years imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. section 924(e), are affirmed where: 1) trial court properly denied motion to suppress firearm and related evidence; 2) defendant was not entitled to a mistrial based on an accidental reference to the second amendment during closing argument; 3) firearm instruction to jury was not unconstitutional and erroneous; and 4) district court did not erred in finding defendant to be an armed career criminal under the ACCA.

Appellate Information

• Decided 04/13/2011
• Published 04/13/2011

Judges

• LYNCH

Court

• United States First Circuit

Counsel