McGRATH v. U.S.

No. 1371, Docket 94-2011.

60 F.3d 1005 (1995)

James McGRATH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 1, 1995.


Attorney(s) appearing for the Case

Cynthia Feathers, Saratoga, NY, for petitioner-appellant.

Gregory L. Waples, Asst. U.S. Atty., Burlington, VT (Charles R. Tetzlaff and David V. Kirby, on the brief), for respondent-appellee.

Before: OAKES, McLAUGHLIN, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

This case presents an issue of first impression in this circuit: Whether a person convicted of a felony but never stripped of his civil rights under state law is thereafter subject to prosecution under 18 U.S.C. § 922(g)(1) as a felon in possession of a firearm. James McGrath appeals the dismissal of his habeas corpus petition by the District Court for the District of Vermont (Fred I. Parker, Chief Judge), in which he sought reversal...

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