United States v. Tavares, No. 14-2319 (1st Cir. 2016)Annotate this Case
After a jury trial, Defendant was convicted of being a felon in possession of a firearm. The district court imposed an eighty-four-month prison term. Defendant appealed, challenging both his conviction and his sentence. The First Circuit (1) affirmed Defendant’s conviction, holding that the district court did not abuse its discretion by admitting over Defendant’s objection a portion of expert testimony concerning the absence of fingerprints on the gun that the jury found Defendant to have possessed; but (2) remanded for reconsideration of Defendant’s sentence and, specifically, reconsideration as to whether Defendant’s prior convictions for resisting arrest and assault and battery with a dangerous weapon qualify under the career offender guideline as convictions for crimes of violence.
The court issued a subsequent related opinion or order on March 1, 2017.