U.S. v. OSBORNE

No. 00-10862.

262 F.3d 486 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Lee OSBORNE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 2001.


Attorney(s) appearing for the Case

Delonia Anita Watson, Fort Worth, TX, Chad Eugene Meacham (argued), Dallas, TX, for Plaintiff-Appellee.

Robert Jackson Herrington, Asst. Fed. Pub. Def. (argued), Dallas, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges, and DOWD, District Judge.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Gerald Lee Osborne appeals from his conditional guilty plea to the charge of felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We are persuaded that Osborne did not commit the charged crime because his prior convictions are excluded by 18 U.S.C. § 921(a)(20). We REVERSE Osborne's federal conviction and REMAND for dismissal of the indictment.

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