The Tenth Circuit published its opinion in United States v. Baker on Thursday, April 11, 2013.
Abasi Baker was convicted in the United States District Court for the District of Kansas on seven counts each of robbery affecting commerce, use of a firearm in relation to a crime of violence and being a convicted felon in possession of a firearm. Defendant appealed his convictions, raising two arguments: (1) that use of a global-positioning-system (GPS) tracking device on his car violated his Fourth Amendment rights, and (2) that the evidence was insufficient to convict him on the eight firearms counts associated with the first four robberies.
The Tenth Circuit did not reach the merits of Defendant’s Fourth Amendment argument because he waived the argument by failing to raise it before trial, and he did not show good cause why it was not raised before trial as required by Federal Rule of Criminal Procedure 12.
The Tenth Circuit also rejected Defendant’s argument that the evidence was insufficient for a rational jury to find that he possessed the identified firearm at the times charged. Viewing the evidence in the light most favorable to the verdict, the record contained ample evidence for any rational trier of fact to have found the defendant guilty beyond a reasonable doubt.