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U.S. v. KOLTER

Nos. 87-8011, 87-8366.

849 F.2d 541 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Von KOLTER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 13, 1988.

Attorney(s) appearing for the Case

Darel C. Mitchell, Decatur, Ga., Jake Arbes, Abbott & Arbes, Atlanta, Ga., for defendant-appellant.

Robert L. Barr, Jr., U.S. Atty., Robert D. Boyd, Asst. U.S. Atty., Carolyn J. Adams, Atlanta, Ga., for plaintiff-appellee.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and MORGAN, Senior Circuit Judge.

CLARK, Circuit Judge:

Mark Von Kolter appeals his conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C.App. § 1202(a)(1). Between the time Kolter was indicted and tried, Congress enacted legislation that redefined the term "convicted felon." Because we find that the new act applies to Kolter and that he was not a "convicted felon" on the date of his trial, we reverse his conviction.

In 1973, Kolter pleaded guilty in state...

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