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U.S. v. LASKIE

No. 00-10437.

258 F.3d 1047 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. James Kim LASKIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001.

Attorney(s) appearing for the Case

Michael J. Kennedy and John C. Lambrose, Assistant Federal Public Defenders, Reno, Nevada, for the defendant-appellant.

J. Gregory Damm, Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

Before: GOODWIN, GRABER, and MCKEOWN, Circuit Judges.

GRABER, Circuit Judge:

Defendant James Kim Laskie was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He appeals, arguing that his previous state conviction had been "set aside," as that term is used in 18 U.S.C. § 921(a)(20), by an "honorable discharge" that he received from a Nevada court in 1985. We agree and vacate Defendant's conviction.

FACTUAL AND PROCEDURAL HISTORY

In 1982, Defendant...

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