United States v. Baker, No. 12-3023 (10th Cir. 2013)
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Defendant Abasi Baker was convicted on seven counts each of robbery affecting commerce, use of a firearm in relation to a crime of violence, and being a convicted felon in possession of a firearm. Defendant appealed his convictions, raising two arguments: (1) that use of a global-positioning-system (GPS) tracking device on his car violated his Fourth Amendment rights, and (2) that the evidence was insufficient to convict him on the eight firearms counts associated with the first four robberies. Upon review, the Tenth Circuit did not reach the merits of Defendant’s Fourth Amendment argument because he waived it by failing to raise it before trial. And the Court rejected Defendant’s argument that the evidence was insufficient for a rational jury to find that he possessed the identified firearm at the times charged.
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