United States First Circuit

In a case in which a defendant with a history of drug use pleaded guilty to stealing firearms and possessing stolen firearms and was sentenced to 54 months' imprisonment in part because he qualified as a "prohibited person" who, because of his history of substance abuse, was barred from possessing firearms, the sentence is affirmed, where: 1) the district court did not commit clear and obvious error by using the defendant's bail interview statements about drug use; and 2) there was ample evidence for the district court to conclude that he was a "prohibited person" even without the bail interview information, so the defendant's claim of ineffective assistance of counsel for allowing him to make the statements failed for lack of prejudice.

Appellate Information

• Decided 04/05/2012
• Published 04/05/2012

Judges

• Stahl

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider, Renee M. Bunker