US v. Young, No. 08-1394
Defendant's firearm possession conviction and sentence are affirmed where: 1) neither defendant nor his counsel clearly expressed an intention to preserve a suppression of evidence issue on appeal; and 2) defendant's conviction for fleeing and eluding law enforcement involved conduct that presented a serious potential risk of physical injury to another and was thus a violent felony under the Armed Career Criminal Act.
Appellate Information
Argued: June 11, 2009
Decided and Filed: September 4, 2009
Judges
Opinion by Judge Lioi
Partial Concurrence and Partial Dissent by Judge Sutton
Counsel
For Appellant:
Richard Charles Gould, Law Offices, Grand Rapids, MI
For Appellee:
Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, MI