US v. Allen, No. 08-1451 - Criminal Law - U.S. First Circuit
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US v. Allen, No. 08-1451

Conviction for being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in failing to conduct an evidentiary hearing before denying defendant's motion to suppress as defendant failed to raise a genuine issue of material fact regarding the plain view analysis or the existence of probable cause; 2) the court did not abuse of discretion by finding without an evidentiary hearing that his statements to the police were voluntary, as there was an affidavit and a signed Miranda acknowledgment, and defendant's assertions were unsupported by any references to specific statements he sought to suppress; and 3) the court did not abuse its discretion in denying defendant's motion for reconsideration as defendant's affidavit in support of his motion did not respond to the government's plain view assertions or specify the alleged Miranda violations.   

Read US v. Allen, No. 08-1451

Appellate Information
Appeal from the United States District Court for the District of Massachusetts.
Decided July 22, 2009

Judges
Befire Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.
Opinion by Lipez, Circuit Judge.

Counsel
For Appellant: Neil S. Tassel, Denner Pellegrino LLP.
For Appellee:  Mark T. Quinlivan, Assistant United States Attorney.