United States Second Circuit

Foreign convictions cannot constitute predicate offenses under 18 U.S.C. section 922(g)(1); that section's "convicted in any court" language does not extend to foreign convictions. Defendant's felon-in-possession conviction is reversed because it was predicated on a prior felony conviction in Canada.

Appellate Information

• Decided 01/07/2004
• Published 01/07/2004

Judges

• KATZMANN, Circuit Judge., Before:  McLAUGHLIN, LEVAL, KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• 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.