United States v. Alfred Garcia-Rivera

Alfred Garcia-Rivera appeals the district court’s judgment and sentence for possession of a firearm by a prohibited possessor, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part and remand for a new trial.

I

Garcia-Rivera was prohibited from possessing firearms because of a previous criminal conviction. On June 7, 2001, police officers pulled Garcia-Rivera over for driving a motor vehicle with a cracked windshield. Upon activating the police car lights, the officers observed Garcia-Rivera make a “furtive movement,” as if reaching for something or putting something down. Garcia-Rivera failed to produce a driver’s license, vehicle registration, or proof of insurance. Garcia-Rivera stated to the officers that he had been convicted of armed robbery. The officers performed a pat down of Garcia-Rivera, ran a records check, and asked for consent to search the vehicle.

After obtaining consent, the officer searched the vehicle and found a .25 caliber shell casing on the floor and a .25 caliber semi-automatic Lorcin handgun in the seat. The firearm was loaded with a magazine containing five rounds of ammunition.…