UNITED STATES v. BURT

No. 84-1341.

802 F.2d 330 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Benton D. BURT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1986.


Attorney(s) appearing for the Case

Charles B. Burch, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Ephraim Margolin, San Francisco, Cal., for defendant-appellee.

Before SNEED, FARRIS and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

Defendant Benton Burt was convicted of violating 18 U.S.C. § 922(h)(1), receipt of a firearm by a convicted felon. The government appeals the district court's refusal to sentence the defendant as a dangerous special offender ("DSO"). The issue before us is whether the district court, for purposes of the DSO statute, properly disregarded a prior conviction obtained by a procedure later found unconstitutional, but held not retroactive....

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