United States First Circuit

In an appeal from a judgment of the district court convicting defendant of being a felon in possession of a firearm with the imposition of a 226-month enhanced prison sentence, defendant's conviction is upheld where section 922(g)(1) is not an unconstitutional exercise of Congress's authority under Heller and where the prosecutor's closing statements regarding the proper inference to adduce from the evidence was not improper, but sentence is vacated because the district court's erred in finding that defendant was subject to a Section 924(e) enhancement.

Appellate Information

• Decided 09/23/2011
• Published 09/23/2011

Judges

• BOUDIN, Before Boudin, Selya and Dyk,Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James B. Krasnoo, Mark T. Quinlivan