Legal Opinion

United States v. Eabie McLean A/K/A Erbie McLean

Court of Appeals for the Fourth Circuit

Decided June 4, 1990No. 89-5231PublishedCited by 47 opinions

1Opinion of the Court

SPROUSE, Circuit Judge:

In this appeal, the United States challenges a district court judgment dismissing the indictment of a convicted felon for possessing a firearm in violation of 18 U.S.C. § 922(g)(1). The court found that, since Eabie McLean’s civil rights had been restored after his release from North Carolina prison, he could not be charged under the federal statute because North Carolina had not expressly prohibited him from possessing a gun. We reverse and order the indictment reinstated.

I

McLean was convicted of multiple state drug offenses and sentenced to imprisonment in a facility…

2Cases cited5 opinions

  1. United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
  2. United States v. KolterCourt of Appeals for the Eleventh Circuit · 1988
  3. Otto Presley v. United StatesCourt of Appeals for the Eighth Circuit · 1988
  4. State v. CurrieSupreme Court of North Carolina · 1974
  5. United States v. Glenson Hardin, Jr.Court of Appeals for the Fourth Circuit · 1982

3Cited by47 opinions

  1. United States v. James Hassan ElCourt of Appeals for the Fourth Circuit · 1993
  2. United States v. Andre Cardell King, United States of America v. Chalmers Lavette HendricksCourt of Appeals for the Fourth Circuit · 1997
  3. United States v. Richard R. GlaserCourt of Appeals for the Seventh Circuit · 1994
  4. United States v. Michael Lee DahmsCourt of Appeals for the Ninth Circuit · 1991
  5. Buchmeier v. United StatesCourt of Appeals for the Seventh Circuit · 2009

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