United States v. Spruill

GARWOOD, Circuit Judge:

Defendant-appellant Brian Scott Spruill (Spruill) appeals his guilty plea conviction for violating 18 U.S.C. § 922(g)(8). Notwithstanding his plea agreement’s waiver of appellate rights to challenge the conviction on grounds other than the Fifth and Second Amendments, we vacate and remand because the record clearly reflects and the district court found that the predicate court order was not “issued after a hearing of which such person received actual notice” as required by section 922(g)(8).

Facts and Proceedings Below

Spruill was charged in a two count indictment with…