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Criminal Law Keyed to Osler
United States v. Guzman-Montanez
Citation:
756 F.3d 1 (1st Cir. 2014)Facts
Defendant and another individual were seen driving slowly by a restaurant. They returned to the restaurant and the owner found it very suspicious. He asked them to leave and then reported it to the police. The defendants were then spotted outside Church’s Chicken. Officers noticed a black pistol in the defendant’s waistband. As the officers were approaching, the defendant quickly went to the bathroom and came out. As he exited the officer noticed the object in the defendant’s waistband was gone. Both were arrested. and searched. No firearm was found on the defendant, but in the bathroom a black firearm was found in the diaper changing station in plain sight. Defendant was charged with being a felon in possession of a firearm and for being in possession of a firearm in a school zone.
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