United States First Circuit

Conviction and sentence of the appellant for being a felon in possession of a firearm are affirmed, where: 1) a Terry stop at which the firearm was found was supported by reasonable suspicion; 2) the police officers responded reasonably throughout the encounter; 3) the district court was within its discretion to credit the police officer's testimony concerning whether the firearm was within plain view; and 4) a prior conviction for Massachusetts assault and battery with a deadly weapon qualifies as a predicate "violent felony" offense under the Armed Career Criminal Act's residual clause, pretermitting the need to analyze it under the force clause.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Smith

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark W. Shea, Dina Michael Chaitowitz