United States Fifth Circuit

A conviction and sentence for being a felon in possession of a firearm is affirmed over claims of error regarding whether: 1) there was insufficient evidence of his possession of the firearm; 2) the prosecutor violated his due process right to freedom from self-incrimination by commenting on defendant's failure to deny knowledge or ownership of the firearm when questioned after his arrest; 3) the prosecutor violated his due process rights by tainting prospective jurors with "commitment" questions during voir dire; 4) the district court improperly applied the relevant conduct provisions of the Sentencing Guidelines; 5) the court erred in determining that defendant was an Armed Career Criminal; and 6) the court violated defendant's Sixth Amendment right to trial by jury by enhancing his sentence on the basis of facts not found by a jury beyond a reasonable doubt.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• OWEN, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles William Brown, Dallas, TX, for U.S., David Shaughnessy, Boston, MA, for Fambro.