Conviction of defendant for being a felon in possession of a firearm is affirmed where: 1) defendant’s indictment occurred within the statute of limitations, which is five years for the offense charged; 2) defendant’s argument that a delay caused him prejudice fails; and 3) district court’s denial of defendant’s motion to suppress a firearm on grounds of Fourth Amendment violation is upheld. 

Read US v. Bater, No. 08-2253

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided February 4, 2010

Judges

Before:  Lynch, Chief Judge, Boudin and Stahl, Circuit Judges

Opinion by  Circuit Judge Boudin

Counsel

For Appellant:      Joseph Wrobleski

For Appellee:   Renée M. Bunker, Assistant United States Attorney, Paula D. Silsby, United States Attorney

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