US v. GAYLE, 02-1095
Conviction for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), predicated on defendant's prior felony conviction in Canada, is reversed because section 922's "convicted in any court" language does not extend to foreign convictions. (Corrected opinion)
- Decided 09/18/2003
- Published 09/18/2003
KATZMANN, Circuit Judge., Before: McLAUGHLIN, LEVAL, KATZMANN, Circuit Judges.
United States Second Circuit
Philip L. Weinstein,Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Defendant-Appellant., David M. Grable, Assistant United States Attorney (Barbara D. Cottrell, Senior Litigation Counsel, William C. Pericak, Assistant United States Attorney, of counsel), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Albany, NY, for Appellee.