Certain felony convictions may NOT be used as a predicate prior in ‘Felon in Possession’ §922(g).

In 2018, Mr. Hisey pleaded guilty to the federal offense of
unlawfully possessing firearms under 18 U.S.C. § 922(g)(1). Among the
elements was a prior conviction for “a crime punishable by imprisonment
for a term exceeding one year.” 18 U.S.C. § 922(g)(1). At the plea hearing,
Mr. Hisey admitted that he had a prior felony conviction in Kansas.

After pleading guilty, Mr. Hisey moved to vacate his conviction
under 28 U.S.C. § 2255, arguing that his guilty plea had been unknowing
and involuntary. The district court dismissed the motion based on
procedural default because Mr. Hisey had failed to raise this claim in his
direct appeal.

We reverse, concluding that Mr. Hisey has overcome the procedural
default by showing actual innocence. He did not commit the underlying
offense (unlawfully possessing firearms after a felony conviction) because he had no prior conviction punishable by more than a year in prison.

Full opinion here: USA v. TIMOTHY MICHAEL HISEY, https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110575709.pdf

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
(619) 357-6677

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