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US v. Vinton, No. 09-3323

By FindLaw Staff on January 10, 2011 | Last updated on March 21, 2019

Firearm Conviction Affirmed

In US v. Vinton, No. 09-3323, the court affirmed defendant's firearm possession conviction and sentence where 1) defendant was not in custody at the time of the challenged interrogation, because a reasonable person in his position would have felt at liberty to terminate the interrogation and ask the officers to leave; 2) the increase in base offense level depends on a conviction for a crime of violence, not on an express admission of guilt.

As the court wrote:  "William Vinton pleaded guilty to two firearms offenses. The district court sentenced him within the advisory range to a term of 84 months' imprisonment. On appeal, Vinton challenges the district court's denial of his motion to suppress evidence and the sentence imposed. We affirm."

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