United States v. Murdock, No. 12-1167 (1st Cir. 2012)Annotate this Case
A jury convicted Defendant of being a felon in possession of a firearm. Defendant was sentenced under the Armed Career Criminal Act (ACCA) to 216 months in prison. The First Circuit Court of Appeals affirmed the district court's rulings, holding that the district court did not err in (1) refusing to suppress Defendant's statement regarding a bag containing firearms, as Defendant was not in custody for Miranda purposes when he made the statement; (2) admitting an audio recording of a telephone call to a police chief where the court properly authenticated the evidence; and (3) determining Defendant was convicted of two predicate offenses in Virginia and Florida and sentencing Defendant under the ACCA.
The court issued a subsequent related opinion or order on November 21, 2012.