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Criminal Law

: Defense Newsletter Blog

Beckles: Undisputed PSI sawed-off shotgun establishes crime of violence

By Tim Cone

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In U.S. v. Beckles, No. 07-15062 (April 17, 2009), the Court affirmed a conviction and sentence for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g).The Court rejected Beckles? argument that his confession was obtained in violation of Miranda. The Court noted that the district court chose to credit the account of the FBI agent, rather than that of Beckles, regarding the voluntariness of Beckles? waiver of his Miranda rights, and made "detailed credibility determinations" in support of its finding.The Court also rejected Beckles? challenge to the sufficiency of the evidence: a shotgun was found under a mattress, concealed in a location Beckles knew, in an apartment at which he resided, and the shotgun did not belong to anyone else...continue to full post

Full post as published by Defense Newsletter Blog on April 20, 2009 (boomark / email).

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