U.S. v. LABOY-TORRES

No. 08-1220.

553 F.3d 715 (2009)

UNITED STATES of America v. Marco LABOY-TORRES, Appellant.

United States Court of Appeals, Third Circuit.

Filed: January 29, 2009.


Attorney(s) appearing for the Case

Frederick W. Ulrich, Esquire (Argued), Office of Federal Public Defender, Harrisburg, PA, Attorney for Appellant.

Theodore B. Smith III, Esquire (Argued), Office of United States Attorney, Harrisburg, PA, Attorney for Appellee.

Before SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O'CONNOR, Associate Justice (Ret.).


OPINION OF THE COURT

O'CONNOR, Associate Justice (Retired).

Under federal law, it is a crime for any person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to ship, transport, receive or possess a firearm or ammunition. 18 U.S.C. § 922(g)(1). In Small v. United States, 544 U.S. 385, 125 S.Ct. 1752, 161 L.Ed.2d 651 (2005), the Supreme Court construed the...

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