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Sunday, November 30, 2014

Ind. Decisions - 7th Circuit decided one Indiana case on Wed., Nov. 26th

In USA v. Boswell (SD Ind., Lawrence), a 16-page opinion, Judge Bauer writes:

A jury convicted defendant-appellant, William Boswell (“Boswell”), of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Boswell under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), to 235 months—a bit over nineteen and a half years—imprisonment, with a five-year term of probation to follow. Boswell challenges both his conviction and sentence on appeal. In regard to his conviction, he argues that the district court committed reversible error when it permitted the government to elicit testimony regarding a tattoo of a firearm that he had on his neck. As to his sentence, Boswell maintains that the prior convictions used to characterize him as an armed career criminal under § 924(e) were not charged in the indictment and proven beyond a reasonable doubt to the jury, in violation of his Fifth and Sixth Amendment rights. For the reasons set forth in this opinion, we affirm.

Posted by Marcia Oddi on November 30, 2014 06:15 PM
Posted to Ind. (7th Cir.) Decisions