United States Fifth Circuit

A conviction and sentence for possession of a firearm with an obliterated serial number is affirmed over claims of error regarding: 1) a refusal to suppress statements defendant made in a post-arrest interview; 2) the denial of a motion for acquittal; 3) the classification of defendant as a "prohibited person" and consequent increase of his offense level at sentencing; and 4) a determination that he was arrested while under a criminal justice sentence for sentencing purposes.

Appellate Information

• Decided 11/01/2006
• Published 11/02/2006

Judges

• DENNIS, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry (argued), San Antonio, TX, for Plaintiff-Appellee., Allen R. Stroder (argued), Hirsch & Stroder, Odessa, TX, for Defendant-Appellant.