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United States of America v. Rafael Torres-Rosario

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Before Boudin, Selya and Dyk, *fn1 Circuit Judges.

On March 6, 2008, law enforcement officers executed a search warrant at 8 George Street, Apt. 1, in New Bedford, Massachusetts, the residence of defendant-appellant Rafael Torres-Rosario, his girlfriend Miriam Pellot, and Pellot’s son Wilfredo Guerra. Under the mattress in Torres-Rosario and Pellot’s bedroom, the officers found a loaded firearm and Torres-Rosario’s wallet, including photo identification and other paperwork. In the same room, the officers also found five bags of heroin, each bag twisted and tied into a knot with the ends cut off, as well as a bag of cocaine, $500 in cash, scissors, a razor blade, and many more empty baggies.

In custody and en route to the police barracks, Torres-Rosario waived his Miranda rights and told the police that he had bought the gun and that the gun belonged to him. Thereafter, Torres-Rosario was indicted for being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1) (2006), and, after trial, found guilty by jury. On January 21, 2010, Torres-Rosario was sentenced as an armed career criminal, 18 U.S.C. § 924(e), to 226 months in prison.

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