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United States of America v. Michael James Constantine

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Submitted: October 20, 2011

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

Michael James Constantine was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his trial, the government called a previously undisclosed witness to testify that when police approached Constantine’s vehicle prior to arresting him, they observed him “digging” in the car to retrieve or stash a gun. After the jury found Constantine guilty, the district court sentenced him *fn1 as an Armed Career Criminal based on his prior convictions for more than three violent felonies, pursuant to 18 U.S.C. § 924(e). He was sentenced to 215 months’ imprisonment. Constantine objected at trial to both the admission of the witness’s testimony and his sentence, and now appeals. We reject his challenges and affirm the district court.

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