United States Seventh Circuit

District court's conviction of defendant for being a felon in possession of a firearm is affirmed where: 1) the 18 U.S.C. section 921(a)(20)(A) exclusion does not apply to defendant's predicate conviction; 2) section 921(a)(20)(A) is not impermissibly vague, as an ordinary individual would have notice that the exception applies only if he or she committed an enumerated or similar offense related to the regulation of business practices; 3) the district court did not clearly err in denying defendant's request to conduct a Franks hearing; and 4) defendant's claim that district court erred in denying his motion to suppress the statements that he made when his home was searched is without merit.

Appellate Information

• Decided 11/05/2009
• Published 11/05/2009

Judges

• BAUER, Circuit Judge., Before BAUER, ROVNER and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, John M. Maciejczyk, Attorney (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., Robert W. Hammerle, Attorney (argued), Hammerle & Cleary, Indianapolis, IN, Steven M. Bush, Attorney, Millbranth & Bush, Valparaiso, IN, for Defendant-Appellant.