What is the test for a federal charge of possession of a firearm by a convicted felon?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bergeman, 592 F.2d 533 (9th Cir. 1979):
Our analysis of the question presented for review must begin with United States v. Potts, 528 F.2d 883 (9th Cir. 1975) (en banc). Potts was charged with possession of a firearm by a convicted felon. 4 However, the prior felony conviction had been expunged under a Washington state statute. All twelve members of this court agreed that despite the expunction of the conviction under state law, it still could be used as an element of the federal crime.
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