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7th Circuit upholds conviction

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The 7th Circuit Court of Appeals affirmed a defendant's conviction and sentence for selling a firearm to a felon, ruling the wording of his indictment did not require the government to prove he knew about the gun buyer's past convictions.

In U.S.A. v. Dwayne Haskins, No.06-1438, Haskins was convicted of violating 18 U.S.C. 922(d) after selling a firearm to co-worker Darryl Eller, who was a convicted felon. Eller cooperated with federal agents after police arrested him as a felon in possession and confiscated his gun after an incident at work. Police inadvertently returned the gun to Haskins, who worked as a security guard with Eller at a bar. Haskins then told Eller he would sell the gun back to Eller.

Eller worked with police and was wired during phone calls with Haskins about purchasing the gun. Haskins was arrested and told an ATF agent he knew Eller had been in some trouble but didn't know if he had been in prison. At trial, Eller testified Haskins and other co-workers knew he was a convicted felon.

Haskins appealed his conviction and sentence of 18 months, arguing there was insufficient evidence, his sentence was too harsh, and the government and District Court amended his indictment. Specifically, Haskins argued the government had to prove he knew Eller was a felon and knew of the particular felony referred to in the indictment. Haskins relied on United States v. Willoughby, 27 F.3d 263 (7th Cir. 1994), in which the court reversed a conviction where the defendant's indictment for using a firearm in relation to a drug trafficking crime specified a particular drug trafficking crime. That indictment stated the crime as distribution of cocaine, but the government only proved at trial a connection between the defendant's use of a firearm and possession of cocaine.

In Haskins' case, the indictment specified Eller's 1993 felony conviction and did not narrow the description of charges against Haskins or his knowledge of Eller being a felon. Judge Ilana Diamond Rovner described Eller's felony conviction information as "superfluous background information" that the government doesn't need to prove.

Haskins also argued his conviction should be reversed because there was insufficient evidence to prove he knew Eller had been convicted of a felony. Judge Rovner wrote Eller's testimony that Haskins knew he was a felon, Haskins' comment to ATF agents that he knew Eller was a felon "the first time I saw him", and his conversation with Eller before and during the sale of the gun all prove he knew Eller was a felon.

Haskins believed his sentence to be unreasonable, arguing a mitigating factor was used against him in sentencing and the judge relied on improper and irrelevant factors when sentencing him. Haskins told the court he had been shot by a felon 14 years ago but was not given the opportunity at trial to explain why his victim status justified a lower sentence. The District Court deemed this incident as irrelevant to his current crime, wrote Judge Rovner. The circuit judges found the District Court gave "meaningful consideration" to sentencing factors found in 18 U.S.C. 3553 and affirmed Haskins' conviction and sentence.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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