Legal Opinion

United States v. Osborne

Court of Appeals for the Fifth Circuit

Decided August 21, 2001No. 00-10862PublishedCited by 11 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Gerald Lee Osborne appeals from his conditional guilty plea to the charge of felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We are persuaded that Osborne did not commit the charged crime because his prior convictions are excluded by 18 U.S.C. § 921(a)(20). We REVERSE Osborne’s federal conviction and REMAND for dismissal of the indictment.

This case turns on the interpretation of a federal statute that limits the felonies that will support a prosecution under the federal prohibition of possession of firearms by a…

2Cases cited11 opinions

  1. Caron v. United StatesSupreme Court of the United States · 1998
  2. Kelly v. Boeing Petroleum Services, Inc.Court of Appeals for the Fifth Circuit · 1995
  3. United States v. Henry David ThomasCourt of Appeals for the Fifth Circuit · 1993
  4. United States v. Harlin Jerome TraxelCourt of Appeals for the Eighth Circuit · 1990
  5. United States v. Gary August DupaquierCourt of Appeals for the Fifth Circuit · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Thompson v. GoetzmannCourt of Appeals for the Fifth Circuit · 2002
  2. Thompson v. GoetzmannCourt of Appeals for the Fifth Circuit · 2003
  3. Russell v. Choicepoint Services, Inc.District Court, E.D. Louisiana · 2004
  4. United States v. James Eli Huff, IICourt of Appeals for the Fifth Circuit · 2004
  5. Spicer v. Laguna Madre Oil & Gas II, LLC (In Re Texas Wyoming Drilling, Inc.)United States Bankruptcy Court, N.D. Texas · 2010

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