United States v. Dancy, No. 09-2628 (1st Cir. 2011)Annotate this Case
The defendant was convicted as a felon in possession of a firearm and sentenced to 15 years under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924. The First Circuit affirmed, upholding the district court's admission of the gun. An escalating series of events, beginning with an officer observing a gun being shot into the air, reasonably led to every step taken by officers, including the stop-and-frisk that resulted in discovery of the gun. The defendant escalated the situation by resisting; the officers had probable cause for the arrest and seizure. The court acted within its discretion in admitting other evidence. Evidence of knowing possession was strong enough to support conviction, even if the court had suppressed an officer's testimony about overhearing a cell block conversation or evidence concerning the uncharged shooting. The defendant had four predicate offenses under ACCA, justifying the sentence, including state convictions for assault and battery on a police officer and for assault and battery with a dangerous weapon. The court rejected an argument that those convictions could be based on merely reckless actions.