UNITED STATES v. McCROSKEY

No. 81-1414.

681 F.2d 1152 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Robert McCROSKEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1982.


Attorney(s) appearing for the Case

Donald L. Harris, Asst. U. S. Atty., Boise, Idaho, for plaintiff-appellant.

D. Ray Barker, Bowles & Barker, Moscow, Idaho, for defendant-appellee.

Before CHOY, TANG, and BOOCHEVER, Circuit Judges.


PER CURIAM.

The Government appeals from the district court's order dismissing the indictment charging McCroskey with being a felon in possession of a firearm in violation of 18 U.S.C.App. § 1202(a). The district court dismissed the indictment on the ground that McCroskey had not been previously "convicted" of a felony.

In 1977, McCroskey pled guilty to a felony burglary charge in an Idaho state court. The judge ordered that imposition of judgment be withheld...

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