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U.S. v. METZGER

No. 92-6941.

3 F.3d 756 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Randy METZGER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1993.

Attorney(s) appearing for the Case

Kelly T. Currie, Third Year Law Student, Earl C. Dudley, Jr., Post Conviction Assistance Project, University of Virginia School of Law, Charlottesville, VA, argued, for defendant-appellant.

David J. Horne, Sr. Atty., Asst. Chief Counsel Office, Bureau of Alcohol, Tobacco & Firearms, Cincinnati, OH, argued (Richard Cullen, U.S. Atty., N. George Metcalf, Asst. U.S. Atty., Richmond, VA, on the brief), for plaintiff-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

Randy Metzger appeals the denial of his motion to vacate or set aside his conviction for being a felon in possession of a firearm. The sole issue raised is whether Michigan law restores a felon's civil rights upon his or her release from prison — an issue upon which the Sixth and Ninth Circuits have issued conflicting decisions. Compare United States v. Driscoll, 970 F.2d 1472

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