United States v. Gustavo Garcia A/K/A "Popeye"

Gustavo Garcia was convicted in a jury trial of receiving ammunition after having been convicted of a felony. 18 U.S.C. Sec. 922(h)(1) (1976). To the underlying felony charge of grand theft in Florida, Garcia had pleaded nolo contendere, adjudication was withheld, and he was given probation, which he successfully served. Section 948.01, Fla.Stat. The district court, after a hearing in camera, held that this plea was voluntary for the purpose of admitting evidence of that Florida proceeding to prove the necessary prior felony conviction. Nothing is presented to us indicating that that finding…