United States Ninth Circuit

A conviction and sentence for being a felon in possession of a firearm and possession of a firearm with an obliterated serial number is affirmed in part and vacated in part where: 1) certain challenged evidence was properly held to be admissible as defendant did not suffer a violation of his Fourth or Fifth Amendment rights; but 2) he did not qualify for a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (ACCA) as he had not suffered three prior convictions for "violent felonies" within the meaning of 18 U.S.C. section 924(e)(2)(B).

Appellate Information

• Argued 03/08/2007
• Decided 02/04/2008
• Published 02/04/2008

Judges

• TASHIMA, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael G. Martin, Siderius Lonergan & Martin, Seattle, WA, for the defendant-appellant., Carl Andrew Colasurdo, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.