United States Tenth Circuit

A conviction for being a felon in possession of a firearm is affirmed where, pursuant to recent Supreme Court precedent, defendant was convicted of a crime subject to a sentence greater than one year, and thus he had a qualifying conviction for purposes of 18 U.S.C. section 922(g)(1). (Opinion on panel rehearing)

Appellate Information

• Decided 08/22/2008
• Published 08/25/2008

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.