United States First Circuit

Conviction on multiple counts of possessing firearms as a convicted felon and related charges are affirmed, where: 1) the district court did not abuse its discretion in denying defendant's motions to replace his second appointed counsel with new appointed counsel; 2) defendant's waiver of his right to counsel was "intelligent and knowing" and the district court did not err in allowing him to proceed pro se; 3) there was an adequate factual predicate to support the district court's flight instruction; and 4) the district court did not abuse its discretion in declining to grant an evidentiary hearing on defendant's motion to suppress; but 5) because the sentences on counts 10-13 exceed the statutory maximum, the matter is remanded for resentencing.

Appellate Information

• Decided 04/22/2013
• Published 04/22/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel