UNITED STATES of America, Plaintiff-Appellee, v. John KELLY III, Defendant-Appellant

John Kelly appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. §§ 1291, 2255. We review the denial of a § 2255 motion de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and we reverse and remand.

In his motion, Kelly claimed that his 1992 conviction for being a felon in possession of a firearm should be invalidated because his right to possess a firearm was restored in 1989, after he completed his Colorado prison sentence. See 18 U.S.C. § 921(a)(20). Although the government conceded that the conviction should be…