Polanco

United States v. Polanco

Good Law
93 F.3d 545
United States Court of Appeals for the Ninth CircuitAugust 15, 1996No. 95-50341California6,075 words

Opinion

Lead Opinion

Hawkins, J.

Miguel Polanco appeals his conviction, following a jury trial, on two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922 (g)(1). He raises four issues on appeal. He first challenges the district court’s reliance on the doctrine of inevitable discovery as a basis for admitting the Mirandized, inculpatory statement he made following his earlier, non-Mirandized inculpatory statement. His next contention is that 18 U.S.C. § 922 (g)(1) exceeds the bounds of Congress’s Commerce Clause power. Third, he argues that there was insufficient evidence to support his conviction under 18 U.S.C. § 922 (g)(1). Finally, he challenges the district court’s enhancement of his sentence, under United States Sentencing Guidelines (“U.S.S.G.”) § 2K2.1(b)(5), for “use” of a firearm in connection with a felony, arguing, first, that the Supreme Court’s narrow construction of the term “use” in Bailey v. United States, — U.S. -, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995), invalidates the enhancement, and, second, that there was insufficient evidence that he either used or possessed a firearm in connection with a felony.

We have jurisdiction to review Polanco’s…

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