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Friday, December 01, 2006

Ind. Decisions - 7th Circuit rules on one Indiana case today

In U.S. v. Parker (ND Ind., Robert L. Miller, Jr., Chief Judge), a 9-page opinion, Judge Bauer writes:

A jury convicted John E. Parker of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On appeal, Parker argues that the district court erred in denying his motion to suppress a rifle recovered by the police during the search of his home because his arrest without probable cause invalidated the search. Parker also argues that the rifle is not a “firearm” within the meaning of 18 U.S.C. § 921. We affirm both the district court’s denial of Parker’s motion to suppress and Parker’s conviction. * * *

Parker argued in his opening brief that the Westinfield 30/30 rifle is not a firearm within the meaning of 18 U.S.C. § 921. Parker appears to have abandoned any argument in this regard in his reply brief. In any event, Parker waived this argument at trial. Waiver is the intentional relinquishment and abandonment of a known right, which precludes appellate review. United States v. Thigpen, 456 F.3d 766, 769 (7th Cir. 2006) (citing United States v. Ortiz, 431 F.3d 1035, 1038 (7th Cir. 2005)). During closing argument, Parker’s counsel expressly admitted that the rifle met the legal definition of a firearm.4 Accordingly, we will not review Parker’s conviction on the basis that the rifle did not meet the definition of a firearm under § 921.

Posted by Marcia Oddi on December 1, 2006 03:16 PM
Posted to Ind. (7th Cir.) Decisions