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U.S. v. LEUSCHEN

No. 04-1142.

395 F.3d 155 (2005)

UNITED STATES of America v. Douglas B. LEUSCHEN, Appellant.

United States Court of Appeals, Third Circuit.

January 21, 2005.

Attorney(s) appearing for the Case

Christine A. Sanner (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, for Appellant.

Karen S. Gerlach (Argued), Office of Federal Public Defender, Pittsburgh, for Appellee.

Before NYGAARD, ROSENN, and BECKER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Although the appellant in this appeal challenges the constitutionality of the federal felon in possession of a gun law, 18 U.S.C. § 922(g)(1), the most serious aspect of this appeal is the question whether his extant prior conviction, if flawed, may constitute the predicate conviction for his subsequent prosecution under § 922(g)(1). This question is one of first impression in this circuit.

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