Search for: "4 Firearms and Ammunition"
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18 Mar 2008, 4:48 am
District of Columbia, a suit brought by several D.C. citizens contending that the ban on the possession of operable firearms inside one's home violates the Second Amendment. [read post]
11 Mar 2008, 9:22 am
City of Gaithersburg , No. 06-2158 I"n civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival… [read post]
11 Mar 2008, 8:46 am
Diaz, No. 06-2378 "Conviction and sentence for possession of a firearm and ammunition by an illegal alien are affirmed where: 1) police officers had a reasonable suspicion to believe that defendant was armed, thus they were justified in searching his car; 2) the evidence was sufficient to support the elements of the charges; 3) the prior convictions giving rise to defendant's sentence under the Armed Career Criminal Act did not need to be presented to the jury and proved… [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]
11 Feb 2008, 8:08 am
Boynes, No. 06-4841 "After waiver of jury trial, conviction by court of conspiracy to distribute crack cocaine, distribution of crack cocaine, and use of a firearm to commit murder in furtherance of a drug trafficking crime is affirmed over claim that the district court erred in finding that defendant knowingly and voluntarily waived his right to trial by jury. [read post]
30 Jan 2008, 7:35 am
Conway, No. 06-4083 "A sentence pursuant to a plea to possession of ammunition is affirmed over challenges to the district court's possession-of-a-shotgun enhancement arguing that: 1) he did not possess the shotgun; 2) the "relevant conduct" provisions of the sentencing guidelines do not apply to this conduct; 3) the sentencing guidelines preclude courts from enhancing sentences based on charged conduct where the government later dismisses the charge in connection with a… [read post]
22 Jan 2008, 11:47 am
A conviction for being a felon in possession of a firearm is affirmed over claims that: 1) a police officer's decision to run a warrant check on him was based on his race, in violation of his Equal Protection rights; 2) the search of his vehicle incident to his arrest violated the Fourth Amendment; and 3) questioning by the police after his arrest violated his Fifth Amendment rights under Miranda. [read post]
19 Jan 2008, 11:58 am
Elbert Nichols entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. [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]
30 Oct 2007, 1:37 am
Introcaso, No. 05-4088"A conviction for of violating the National Firearms Act by possessing an unregistered firearm (shotgun) and unregistered destructive devices (hand grenades) is affirmed in part, and reversed and vacated in part, where: 1) the evidence presented at trial was sufficient to prove that he was in possession of the hand grenades; 2) the Firearms Act was ambiguous as to whether it required defendant to register the gun at issue; 3) thus, applying the… [read post]
17 Sep 2007, 4:11 am
Fisher, No. 06-1795"Sentence for possession of a firearm by a felon is affirmed where: 1) the Due Process Clause of the Fifth Amendment does not require a district court to find facts supporting sentencing enhancements by more than a preponderance of the evidence; 2) the court's factfinding was not clearly erroneous; 3) the district court diligently considered the pertinent section 3553(a) factors and applied them reasonably; and 4) the court did not err when it… [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]
20 Aug 2007, 2:16 pm
Store firearms locked and unloaded with the ammunition in a separate secure area. [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]
16 Apr 2007, 7:23 am
Cohen is charged with one count of being a felon in possession of ammunition and one count of being a felon in possession of a firearm, based on ammunition and a firearm that were found by police officers in a search of his car. [read post]
15 Apr 2007, 8:48 am
It follows that the magistrate could also reasonably infer that documents regarding the defendant's purchase of such firearms and ammunition, as well his legal right to carry firearms, are documents of a personal nature that would likely be kept in a secure location such as the defendant's apartment. [read post]
9 May 2006, 2:09 pm
., where a restricted or prohibited firearm is used in the commission of a crime) and “non-use” criminal activity including unauthorized possession, trafficking, and smuggling of restricted or prohibited firearms and ammunition. [read post]
