Gun, Cash & Weed: Court Upholds Felon’s Firearm Conviction After Wild Chase

Conviction and sentencing for being a felon in possession of firearm and ammunition upheld.Robert Hamilton was convicted of being a felon in possession of a firearm and sentenced to 27 months in prison after police linked him to a shooting and found a gun, drugs, and cash on him during a chase and arrest. The Ninth Circuit affirmed his conviction and sentence, rejecting claims that the arrest lacked probable cause and that jury instructions were unfair. The court found that officers had reasonable suspicion based on Hamilton’s connection to a Valentine’s Day shooting, his resemblance to surveillance footage, and his flight while reaching for his waistband. Though acquitted of a drug trafficking firearm charge, the court upheld a four-level sentencing enhancement due to firearm possession in connection with dealing marijuana. Hamilton’s challenge to the legality of the search and the jury instructions also failed, as the court ruled officers acted lawfully and the trial court did not abuse its discretion.