(Download) "United States v. Waller" by United States Court of Appeals Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Waller
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 24, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The Defendant-Appellant, Frederick Alonzo Waller ("Waller"), appeals his conviction for knowingly possessing a firearm after having been convicted of three violent felonies in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and (3). On appeal, Waller argues that the district court erred by failing to suppress the weapons at issue because they were discovered pursuant to an unconstitutional search of his luggage. Waller also contends that the district court improperly admitted prior bad acts evidence during his jury trial and failed to instruct the jury accurately on how to consider that evidence. Lastly, Waller asserts that his sentencing violated his constitutional rights because the district court believed that the federal sentencing guidelines were mandatory at the time of sentencing and because the district court, rather than a jury, made the factual finding that he had previous convictions. For the reasons set forth below, we REVERSE Wallers conviction, VACATE his sentence, and REMAND this case for further proceedings in the district court.