Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Firearms Convictions, ACCA Enhancement Affirmed

By Shari Allison

United States v. Ford, ___ F.3d ___ , 2010 WL 2902747 (10th Cir. 2010) (NM). A jury convicted the defendant of firearm offenses (felon in possession, fugitive in possession, possession of stolen firearms). His guidelines were enhanced for offense characteristics and he was sentenced to a total of 30 years, with the Armed Career Criminal (ACC) enhancement concurrent. (1) Evidence of Defendant?s escape from prison was res gestae to charges of fugitive in possession of a firearm and possession of a stolen firearm, and not subject to Evid. R. 404(b) analysis. It passed FRE 403 muster. (2) Guideline enhancement for assaulting an officer during commission of the crime correctly applied. It did not matter that Defendant fired his gun at night 100 feet from the officer attempting to apprehend him, with no proof that he fired at the officer...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).