United States v. Labor

OPINION AND ORDER

SESSIONS, District Judge.

The matter before the Court is Defendant’s Motion to Dismiss. Defendant stands charged with one count of possession of a firearm in and affecting interstate commerce by a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). He moves to dismiss on the ground that as of the date of the alleged possession of a firearm, he had no such conviction. He argues that he had received a deferred sentence for the underlying offense for which he was still on probation…