Background: Felon in Possession Charge

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

Post-Conviction Challenge

After pleading guilty, Mr. Hisey filed a motion to vacate his conviction under 28 U.S.C. § 2255. He argued that his guilty plea was unknowing and involuntary. However, the district court dismissed his motion based on procedural default, ruling that he failed to raise this issue on direct appeal.

Court of Appeals Decision

The appellate court reversed. The court held that Mr. Hisey overcame procedural default by showing actual innocence. He had no prior conviction punishable by more than a year in prison, which meant he did not meet the criteria for the felon in possession charge.

Full Court Opinion

Read the complete opinion here: USA v. Timothy Michael Hisey

Anton Vialtsin, Esq.
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FAQ: Felon in Possession

What is a “felon in possession” charge?

It is a federal crime under 18 U.S.C. § 922(g)(1) for anyone with a felony conviction (punishable by more than one year in prison) to possess a firearm.

Can a felon ever legally possess a firearm?

Generally no, but there are exceptions such as expungement, pardons, or if the prior conviction does not legally qualify as a felony under federal law.

What happens if convicted of felon in possession?

Penalties include up to 10 years in federal prison, fines, and loss of firearm rights. Some cases carry enhanced penalties if tied to violent crimes or drug trafficking.

How can a defense lawyer help?

A defense attorney can challenge whether the prior conviction qualifies, whether the firearm was actually in possession, and whether constitutional violations occurred in the search or seizure.