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Criminal Law: Felon in Possession-Prior Conviction-Guilty Plea
Staff Report//November 15, 2019//
Where a defendant in a felon-in-possession case challenged whether he had been convicted of a felony under Iowa law at the time that he possessed guns because he had not yet been sentenced, the government failed to prove that he knew he had been convicted at the time of possession, so the conviction is vacated, and the matter is remanded for a new trial.
Vacated; remanded.
U.S. v. Davies (MLW No. 74119/Case No. 18-2662 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (Michael Kevin Lahammer, Cedar Rapids, Iowa, argued for appellant) (Timothy Vavricek, Cedar Rapids, Iowa, argued for appellee).
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