green
Positive treatment
Quoted verbatim 2×
7.0 score
“a conviction under 1202(a)(1) requires proof of three elements: (1) the accused is a convicted felon; (2) who knowingly possessed a firearm; (3) which was connected with interstate commerce.”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Luna
a conviction under 1202(a)(1) requires proof of three elements: (1) the accused is a convicted felon; (2) who knowingly possessed a firearm; (3) which was connected with interstate commerce.
discussed
Cited as authority (quoted)
United States v. Rickie A. Cochrane, United States v. Joni Seplocha
the affidavit refers to the affiant in the plural 'we' although it was signed by only one officer
discussed
Cited as authority (rule)
State v. DeMagistris
Id, With regard to the first prong of the Franks test, the First Circuit concluded, “[w]e will assume that the omissions must have been made either knowingly or at least recklessly, since the officer who signed the affidavit was a member of the group that obtained the information directly from [the principal witness].” Id. at 720.
discussed
Cited as authority (rule)
United States v. Tracy
Id. at 717-19; e.g, United States v. ___ ___ ______________ Alvarez, 972 F.2d 1000, 1006 (9th Cir. 1992) (rejecting the _______ appellant's argument that "the district court erred in considering three prior convictions not listed in the indictment, and for which the government did not file [a] written notice of intention to use prior to trial"), cert. _____ denied, 113 S. Ct. 1427 , 122 L.
cited
Cited "see"
Carter v. State
See United States v. Rumney, 867 F.2d 714, 715 (1st Cir.), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989). 5 .
cited
Cited "see"
United States v. Rickie Albert Scalia
See United States v. Rumney, 867 F.2d 714, 720 (1st Cir.), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989).
cited
Cited "see"
United States v. Parcels of Land, Etc., Appeal of Lionel Laliberte
See United States v. Rumney, 867 F.2d 714, 720 (1st Cir.), cert. denied, — U.S.-, 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989).
discussed
Cited "see, e.g."
United States v. Sullivan
First, the government “need not allege in the indictment the three prior felonies that it will use to enhance a defendant’s sentence under § 924(e)(1).” United States v. Tracy, 36 F.3d 187, 198 (1st Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 1717 , 131 L.Ed.2d 576 (1995); see also United States v. Rumney, 867 F.2d 714, 719 (1st Cir.), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989).
discussed
Cited "see, e.g."
United States v. David Loren Frost
(2×)
See also, e.g., United States v. Rumney, 867 F.2d 714, 720 (1st Cir.1989) ("[m]aterial omissions may also be the basis for a Franks hearing."), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989); United States v. Williams, 737 F.2d 594, 604 (7th Cir.1984) ("[w]e acknowledge that the rationale of Franks applies to omissions ..."), cert. denied 470 U.S. 1003 , 105 S.Ct. 1354 , 84 L.Ed.2d 377 (1985); United States v. Martin, 615 F.2d 318, 328 (5th Cir.1980) 3 See United States v. Calisto, 838 F.2d at 715 (declining to hold that Franks allows a challenge to a warrant where omissi…
discussed
Cited "see, e.g."
Dan Nichols v. Jack McCormick Warden
See, e.g., United States v. Rumney, 867 F.2d 714, 718-19 (1st Cir.1989), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989) (upholding heightened penalty for those who possess a firearm after three prior convictions); United States v. Lowe, 860 F.2d 1370, 1379 (7th Cir.1988), ce rt. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989) (upholding heightened penalty for possession of a firearm after three prior convictions).
cited
Cited "see, e.g."
Maurice Oscar Byrd v. Paul Delo, Superintendent, State Correctional Facility at Potosi, and Attorney General of the State of Missouri
See also Harper v. Nix, 867 F.2d 455, 457 (8th Cir.), cert. denied, - U.S. -, 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989). 10 .
Retrieving the full opinion text from the archive…
Halverson
v.
Barbour, Superintendent, Twin Rivers Correctional Center at Monroe, Washington
v.
Barbour, Superintendent, Twin Rivers Correctional Center at Monroe, Washington
No. 88-7076.
Supreme Court of the United States.
Jun 19, 1989.
Published
Citer courts: First Circuit (1) · N.D. California (1)
C. A. 9th Cir. Certiorari denied.