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U.S. v. McLEAN

No. 89-5231.

904 F.2d 216 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Eabie McLEAN, a/k/a Erbie McLean, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1990.

Attorney(s) appearing for the Case

John Stuart Bruce, First Asst. U.S. Atty., argued, Margaret Person Currin, U.S. Atty., Raleigh, N.C., for plaintiff-appellant.

William Everette Martin, Federal Public Defender, Raleigh, N.C., for defendant-appellee.

Before PHILLIPS, SPROUSE, and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

In this appeal, the United States challenges a district court judgment dismissing the indictment of a convicted felon for possessing a firearm in violation of 18 U.S.C. § 922(g)(1). The court found that, since Eabie McLean's civil rights had been restored after his release from North Carolina prison, he could not be charged under the federal statute because North Carolina had not expressly prohibited him from possessing a gun. We reverse...

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