United States v. Miller (2007)
United States Court of Appeals for the First Circuit
478 F.3d 48 (1st Cir. 2007)
Gary Miller (defendant), who pleaded guilty to being a felon in possession of a handgun, was sentenced as an armed career criminal partly based on a prior state burglary conviction; the district court relied on the state court's own characterization of that burglary during Miller's earlier state plea colloquy, during which Miller had never objected or sought to correct that characterization despite multiple opportunities to do so. Miller appealed his federal sentence, arguing the district court erred in relying on the state court's characterization because he had never actually assented to it.
Whether, under Federal Rule of Evidence 801(d)(2), a party's agreement with a statement may be inferred from the party's silence if the statement would normally induce a party to respond.