United States Seventh Circuit
US v. Tapia, 09-1426
Conviction of defendant for being a felon in possession of a firearm and district court's imposition of a 120 months' enhanced sentence based on its determination that the defendant had used the firearm in connection with another felony is affirmed where: 1) the manner in which the firearm was discovered was constitutional because the police had ample evidence reasonably to believe that armed gang members may have been in the house; 2) defendant's claim that the district court failed to meet its procedural obligations when it did not resolve all contested issues of material fact is without merit; and 3) defendant's claim that the district court wrongly sentenced him based on unreliable evidence is also without merit.
Appellate Information
- Argued 04/12/2010
- Decided 07/06/2010
- Published 07/06/2010
Judges
Court
- United States Seventh Circuit