United States First Circuit

Defendant's conviction for being a felon in possession of a firearm is affirmed, where: 1) defendant's evidence was insufficient to demonstrate that material facts were in dispute and that he was entitled to an evidentiary hearing on his motions; and 2) without credible evidence contradicting the Trooper's consistent account that he saw the gun in plain view, the district court did not abuse its discretion in denying an evidentiary hearing on defendant's motion to reconsider and second motion to suppress the gun.

Appellate Information

• Decided 07/19/2013
• Published 07/19/2013

Judges

• TORRESEN

Court

• United States First Circuit

Counsel