UNITED STATES v. FREED

No. 82-1305.

703 F.2d 394 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Montell FREED, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 3, 1983.

Decided April 5, 1983.


Attorney(s) appearing for the Case

Harry L. Hellerstein, Asst. Federal Public Defender, San Francisco, Cal., for defendant-appellant.

Charles B. Burch, Asst. U.S. Atty., Sandra Teters, San Francisco, Cal., for plaintiff-appellee.

Before WRIGHT, ANDERSON and CANBY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Freed challenges his conviction on six counts of possession of a firearm by a convicted felon. 18 U.S.C.App. § 1202(a)(1). Two issues are presented. First, may a conviction under that statute be based on an expunged state felony conviction? Second, was Freed's state felony conviction unconstitutionally obtained, and therefore not a valid basis for this conviction?

I. Expunction of the State Conviction

In 1965...

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