United States v. Fredrick Garcia-Cruz

Fredrick Garcia-Cruz appeals his jury conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g) (1988), and his sentence imposed under the Armed Career Criminal Act, 18 U.S.C. § 924 (e) (1988). Cruz argues that his conviction should be reversed because the district court erred in: (1) refusing his proffered jury instruction on constructive possession; (2) failing to hold a Franks hearing and failing to suppress evidence seized during a search of Cruz’s residence; (3) admitting statements made by Cruz allegedly after his invocation of the right to remain silent; (4) denying Cruz’s acquittal motion. Cruz also argues that sentence enhancement under the Armed Career Criminal Act was improper because his pri- or conviction as a felon in possession was not a “violent felony” under the Act. We affirm Cruz’s conviction but vacate his sentence and remand for resentencing.

FACTS AND PROCEEDINGS

San Diego Police, along with a California State Parole officer, searched Cruz’s residence on December 23, 1988. The search was conducted pursuant to both a state search warrant and the search and seizure conditions of Cruz’s state parole. Cruz was arrested after…