Search for: "Four (4) Firearms and Ammunition"
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4 Aug 2008, 7:06 pm
Ramos, No. 06-51489 Convictions of Border Patrol agents for assault, unlawful use of firearms, and tampering with an official proceeding, all resulting from their shooting of an unarmed illegal immigrant attempting to flee into Mexico, are confirmed in part and reversed in part where: 1) the exclusion of evidence relating to the marijuana being transported by the victim at the time of the shooting and his prior involvement in drug trafficking did not deny defendants their right to… [read post]
13 May 2008, 1:35 pm
Martinez, No. 06-5502 In a sentencing proceeding wherein the district court applied a four-level enhancement to defendant's base offense level after finding, by a preponderance of the evidence, that defendant had used or possessed a firearm in connection with another felony offense, judgment is affirmed where: 1) the district court applied the correct standard of proof to the facts supporting the enhancement; 2) the sentence imposed was reasonable; and 3) the doctrine of… [read post]
3 Mar 2008, 12:13 pm
" Denial of a motion to suppress evidence in a prosecution for being a felon in possession of ammunition is reversed where, under the circumstances, the governmental interest in investigating a previous trespass did not outweigh defendant's personal interest to be free from arbitrary interference by police. [read post]
19 Jan 2008, 11:58 am
Specifically, Defendant appeals 1) the district court's denial of her motion to dismiss count four of her indictment; 2) the district court's denial of her motion to suppress evidence; 3) the reasonableness of her sentence; and 4) the district court's evidentiary rulings with respect to "summary evidence. [read post]
15 Jan 2008, 1:50 pm
Reaves, No. 06-5073 Conviction for being a felon in possession of a firearm and ammunition is vacated where an anonymous 911 call from a woman who said she had seen the driver participate in a transaction involving a sandwich bag and a gun was not sufficiently corroborated in its assertion of illegal conduct and, thus, the traffic stop of defendant's car violated the Fourth Amendment. [read post]
4 Sep 2007, 2:47 am
Holloway, No. 05-2229 Conviction for possession of ammunition by a felon is affirmed where the district court correctly denied defendant's motion to suppress since the defendant was not seized for Fourth Amendment purposes until after he fled from officers. [read post]
16 Aug 2007, 9:01 pm
Code § 922(g)(1), which prohibits "anyone who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" (it is the maximum available imprisonment that matters, not the incarceration term actually received) "to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition… [read post]
