United States First Circuit

Defendant's conviction for being a felon in possession of a firearm and a 216-months' imprisonment pursuant to the Armed Career Criminal Act, are affirmed where: 1) the fact that the defendant did not receive warning of his Miranda rights was not a constitutional violation and the district court did not err in denying his motion to suppress; 2) the district court did not abuse its discretion in admitting a telephone call recording made by the defendant to a police chief; and 3) the district court did not clearly err in sentencing defendant under the ACCA in determining that defendant was the same individual convicted of two prior felonies.

Appellate Information

• Decided 11/20/2012
• Published 11/20/2012

Judges

• McConnell

Court

• United States First Circuit

Counsel