United States Tenth Circuit

A conviction for being a felon in possession of a firearm is reversed where at no time was defendant subject to a sentence greater than one year for a prior Kansas conviction, and thus he did not have a qualifying conviction for purposes of 18 U.S.C. section 922(g)(1).

Appellate Information

• Decided 01/15/2008
• Published 01/16/2008

Judges

• Before TACHA, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David J. Phillips, Federal Public Defender (Charles D. Dedmon, First Assistant Federal Public Defender, with him on the brief), District of Kansas, Kansas City, KS, for Appellant.


• For Appellees:
  
• Terra D. Morehead, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Kansas City, KS, for Appellee.