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U.S. v. FRANCISCO GUTIERREZ

No. 19-30107.

981 F.3d 660 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio FRANCISCO GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2020.

Attorney(s) appearing for the Case

Kelly J. Varnes , Hendrickson Law Firm P.C., Billings, Montana, for Defendant-Appellant.

Colin M. Rubich , Assistant United States Attorney; Kurt G. Alme , United States Attorney; United States Attorney's Office, Billings, Montana; for Plaintiff-Appellee.

Before: Jay S. Bybee and Daniel P. Collins, Circuit Judges, and Richard G. Stearns, District Judge.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF IDAHO

At issue in this appeal is whether Defendant-Appellant Antonio Gutierrez is prohibited from possessing any firearms under 18 U.S.C. § 922(g) on the basis of his prior Idaho state conviction. This question hinges on the operation of two provisions of Idaho state law: Idaho Code §§ 18-310 and 19-2604. We must determine whether an Idaho state court order reducing Gutierrez's judgment of conviction...

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