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Alien-In-Possession of Firearm, Ammo Convictions Affirmed

By Shari Allison

U.S. v. Gambino-Zavala, -- F.3d --, 2008 WL 3892073 (10th Cir. 8/25/08) - police sweep of apartment where multiple gunshots were reported by multiple 911 calls early in the morning was justified by exigent circumstances and motion to suppress was rightfully denied. After police knocked on apartment door for several minutes, Mr. Gambino-Zavala opened it and said no one else was there. Officers reasonably concluded that an injured victim could be inside and that there was an immediate need to search to protect the safety of others. They went in and discovered a shotgun and ammunition. Gambino-Zavala was convicted of unlawful possession of a firearm and ammunition by an illegal alien. The district court's requests that the gov't present more testimony to support the enhancements he wanted to impose did not bespeak actual bias or the appearance of bias...continue to full post

Full post as published by Tenth Circuit Blog on August 26, 2008 (boomark / email).