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Thursday, March 27, 2008

Ind. Decisions - One Indiana decision today from 7th Circuit

In U.S. v. Price (ND Ind., Judge Simon), a 16-page opinion, Judge Wood writes:

When Officer Terry Smith of the Gary, Indiana, police department responded to a call on June 28, 2003, about fires that people were setting in alleys located in a high-crime area, he stopped to question Veronica Sanchez, whose car was parked nearby. As Officer Smith spoke with Sanchez, Benjamin Price strolled past him, said nothing, and sat down in the passenger side of Sanchez’s car. It was not long before Smith and another officer discovered a gun in the car, near Price’s feet. In due course, Price was indicted on charges of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(e)(1). After a number of false starts, which we describe below, he was tried, convicted by a jury, and sentenced to 250 months in prison. Appointed counsel on appeal have raised a number of challenges both to his conviction and to his sentence. While we appreciate their efforts, we find no reversible error and thus we affirm.

Posted by Marcia Oddi on March 27, 2008 01:29 PM
Posted to Ind. (7th Cir.) Decisions