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United States of America v. Charles Small

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Before Boudin, Circuit Judge, Souter, Associate Justice, *fn1 and Selya, Circuit Judge.

The three issues raised by defendant, Charles Small, go to an evidentiary ruling that prompted his guilty plea to possession of a firearm after being convicted of a crime punishable by more than a year’s imprisonment, 18 U.S.C. §922(g)(1), to the denial of his motion to withdraw the plea, and to the classification of a prior escape conviction as a crime of violence under the sentencing guidelines. We affirm.

At the time in question, Small was on probation following a state criminal conviction. He asked his state probation officer if he could lawfully go hunting with his ten-year-old son and was told that although he could, he could not possess a firearm. Maine game wardens got wind of Small’s plans and, knowing that he was a convicted felon, staked out his truck once he and the son entered the woods. The wardens could see no weapons inside the vehicle when they first looked, but when they reappeared after Small and the boy returned, they saw two. The firearm nearest Small, on the driver’s seat, was a shotgun for which Small had live and spent shells in his pocket.

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