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Felon in Possession Sentence Affirmed, and Criminal Matter

By FindLaw Staff on July 28, 2010 | Last updated on March 21, 2019

In US v. Ford, No. 09-2244, the court of appeals affirmed defendant's sentence for being a felon in possession of firearms and ammunition, being a fugitive in possession of firearms and ammunition, and possession of stolen firearms, on the grounds that 1) the evidence of defendant's prior Kansas escape was undoubtedly res gestae--intrinsic evidence inextricably connected to the charged crimes; 2) the district court had enough evidence to find that firing a gun 100 feet from officers in the middle of the night creates a substantial risk of serious bodily injury; and 3) criminal discharge of a firearm at an occupied building or vehicle was at least as risky as burglary or arson.

In US v. Vincent, No. 09-4193, the court of appeals affirmed defendant's conviction for knowingly distributing methamphetamine, holding that 1) a defendant is entitled to a jury instruction on entrapment only when the government conduct is such that a reasonable jury could find that it "creates a substantial risk that an undisposed person or otherwise law-abiding citizen would commit the offense"; and 2) the district court correctly concluded that even assuming a witness was a confidential informant, defendant did not adequately raise an entrapment defense.

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