United States v. Luna, No. 09-2263 (1st Cir. 2011)Annotate this Case
After opening fire on officers attempting to arrest him, defendant was charged as a felon in possession of ammunition (18 U.S.C. 922 (g)); assaulting, resisting, opposing, impeding, intimidating, and interfering with a detective who had been deputized as a special federal office (18 U.S.C. 1111); and using and carrying a firearm during and in relation to a crime of violence (18 U.S.C. 924(c)(1)(A)). He unsuccessfully moved to dismiss the second count, arguing that section 111 did not apply because the detective was working as a local police officer under local supervision at the time. The First Circuit affirmed the conviction and sentencing under the Armed Career Criminal Act, 18 U.S.C. 924(e). vidence was sufficient for a rational jury to conclude that the officer was engaged in federal duties at the relevant time. The court rejected various evidentiary challenges.
The court issued a subsequent related opinion or order on September 19, 2011.