U.S. v. VARELA

Nos. 91-50815, 92-50233.

993 F.2d 686 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Allen VARELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1993.

As Amended June 9, and August 10, 1993.


Attorney(s) appearing for the Case

Jerry D. Whatley, Santa Barbara, CA, for defendant-appellant.

John Shepard Wiley, Jr., Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before SCHROEDER, THOMPSON, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We are called upon to decide, among other things, whether a conviction that is expungeable under state law but that has never been formally expunged from the defendant's record can be a predicate offense under the federal felon in possession of a handgun statute, and whether that conviction may be considered in setting the criminal offense level under the Sentencing Guidelines.

I

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