United States v. Torres-Rosario, No. 10-1155 (1st Cir. 2011)
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Officers executed a search warrant at defendant's residence and found a loaded firearm, defendant's identification, five bags of heroin, a bag of cocaine, $500 in cash, a razor blade, and empty baggies. In custody, he waived his Miranda rights and told the police that the gun belonged to him. Convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1), defendant was sentenced as an armed career criminal, 18 U.S.C. 924(e), to 226 months in prison. The First Circuit affirmed the conviction, but vacated the sentence. Because two of defendant's prior convictions were for serious drug offenses and drug-dealing is notoriously linked to violence, the court rejected a challenge to the constitutionality of the felon-in-possession law. The prosecution's reference to defendant as a drug dealer was not improper, despite the fact that he was not charged with drug crimes. In sentencing, the court relied on two Massachusetts assault and battery convictions as predicate offenses without evidence that the felonies involved violence.
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