US v. Charlton

Filing 920100401

Opinion

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var WPFootnote1 = 'Specifically, the grand jury charged that, "[o]n or about\
July 25, 2004, in Brockton in the District of Massachusetts, . . .\
Charlton . . . [,] having previously been convicted in a court of\
a crime punishable by imprisonment for a term exceeding one year,\
did knowingly possess, in and affecting commerce, a firearm, to\
wit, a Star, Model 30M, 9mm semi[-]automatic pistol, bearing serial\
number 1878329."\
'

var WPFootnote2 = '18 U.S.C. § 922(g)(1) provides:\
\
              It shall be unlawful for any person who has been\
convicted in any court of, a crime punishable by\
imprisonment for a term exceeding one year . . . to ship\
or transport in interstate or foreign commerce, or\
possess in or affecting commerce, any firearm or\
ammunition; or to receive any firearm or ammunition which\
has been shipped or transported in interstate or foreign\
commerce.\
'

var WPFootnote3 = '18 U.S.C. § 924(e) provides, in part:\
\
              In the case of a person who violates section 922(g) of\
this title and has three previous convictions by any\
court referred to in section 922(g)(1) of this title for\
a violent felony or a serious drug offense, or both,\
committed on occasions different from one another, such\
person shall be fined under this title and imprisoned not\
less than fifteen years, and, notwithstanding any other\
provision of law, the court shall not suspend the\
sentence of, or grant a probationary sentence to, such\
person with respect to the conviction under section\
922(g).\
'

var WPFootnote4 = 'The district court alternated between saying that its estimate\
of the number of African-Americans in the jury pool "doesn\'t even\
count the Chinese guy and the people with Hispanic surnames" and\
"included people with Hispanic and Chinese names."\
'

var WPFootnote5 = 'It is unclear whether, at this point, there was one African-American remaining in the jury pool, as the defense claims, or two,\
as the district court and the government seemed to suggest. The\
relevant portion of the transcript is as follows:\
\
              THE COURT: On the other hand, there are two [African-Americans] out there in the pool, at least right now,\
that I would identify that way . . . .\
\
              . . .\
\
              MR. RICHARDSON: -- before we get to it, who else are we\
calling African-American that\'s still out there?\
\
              THE COURT: It looks like there are two.\
\
              MS. BYRNE: One of them is his father.\
\
              THE COURT: No. There\'s one.\
\
              . . .\
\
              MR. RICHARDSON: I\'m just trying to figure out who they\
are because if one of them is being counted as African-American and one has a son serving in prison --\
'

var WPFootnote6 = 'In its appellate brief, the government refers to "juror number\
23" as the prospective juror against which the government withdrew\
a peremptory challenge. Appellee\'s Br. at 18. However, it is\
clear that the government meant Juror No. 37.\
'

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