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US v. Swift, No. 09-2713

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By FindLaw Staff on October 25, 2010 3:39 PM

Felon in Possession Conviction Affirmed

In US v. Swift, No. 09-2713, the court affirmed defendant's conviction for being a felon in possession of a firearm, where 1) even though officers may have hoped that defendant would make incriminating statements when left alone, that action was not express questioning; and 2) even if the prosecutor's comments suggested that defendant had a burden to present certain evidence, which would have been improper, the comments were not prejudicial.

 

As the court wrote:  "Parish Swift appeals his conviction, following a two-day jury trial, for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Prior to trial, Swift moved to suppress statements he made while in custody, and during trial, he moved for a mistrial. The district court1 denied both motions and, after the jury found Swift guilty, sentenced him to 60 months imprisonment. In this appeal, Swift challenges the denials of his motions. We affirm."

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