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  • United States v. Allen, 1st Cir. (1996)

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    The United States Court of Appeals for the First Circuit affirmed Carlton Allen's conviction for possession of an illegal short barrel shotgun. The court summarized that Allen appealed his conviction, arguing the gun was found during a pretextual traffic stop of his vehicle by police. However, the court ruled that this case is directly governed by the recent Supreme Court decision in Whren v. United States, which established that pretextual stops do not violate the Fourth Amendment. Therefore, the appeals court affirmed the district court's judgment convicting Allen.

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    Filed: 1996-08-22 Precedential Status: Precedential Docket: 96-1263

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    The United States Court of Appeals for the First Circuit affirmed Carlton Allen's conviction for possession of an illegal short barrel shotgun. The court summarized that Allen appealed his conviction, arguing the gun was found during a pretextual traffic stop of his vehicle by police. However, the court ruled that this case is directly governed by the recent Supreme Court decision in Whren v. United States, which established that pretextual stops do not violate the Fourth Amendment. Therefore, the appeals court affirmed the district court's judgment convicting Allen.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    5 views6 pages

    United States v. Allen, 1st Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed Carlton Allen's conviction for possession of an illegal short barrel shotgun. The court summarized that Allen appealed his conviction, arguing the gun was found during a pretextual traffic stop of his vehicle by police. However, the court ruled that this case is directly governed by the recent Supreme Court decision in Whren v. United States, which established that pretextual stops do not violate the Fourth Amendment. Therefore, the appeals court affirmed the district court's judgment convicting Allen.

    Copyright:

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    of 6

    USCA1 Opinion

    [NOT FOR PUBLICATION]

    UNITED STATES COURT OF APPEALS


    FOR THE FIRST CIRCUIT
    ____________________

    No. 96-1263

    UNITED STATES,

    Appellee,

    v.

    CARLTON E. ALLEN,

    Defendant, Appellant.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF MAINE

    [Hon. D. Brock Hornby, U.S. District Judge]


    ___________________

    ____________________

    Before

    Torruella, Chief Judge,


    ___________
    Cyr and Stahl, Circuit Judges.
    ______________

    ____________________

    Robert A. Levine on brief for appellant.


    ________________
    Jay P. McCloskey, United States Attorney, Jonathan R. Chapman
    ________________
    ____________________
    F.

    Mark Terison,

    Assistant

    United States

    Attorneys,

    on brief

    ________________
    appellee.

    ____________________

    August 22, 1996


    ____________________

    Per Curiam.
    __________

    The defendant appeals his

    conviction

    for possession of a

    U.S.C.

    5861(d), contending that

    result of a

    Because this

    Whren
    _____

    short barrel shotgun in violation

    pretextual stop

    case is

    the gun was

    of his vehicle

    controlled by

    found as the

    by the

    the recent

    of 26

    police.

    decision in

    v. United States, 116 S.Ct. 1769 (1996), we affirm the


    _____________

    judgment below.

    Affirmed.
    ________

    Loc. R. 27.1.

    -2-

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