Dennis Bonfiglio v. John Hodden, Superintendent, Federal Correctional Institution, Ray Brook, New York

PIERCE, Circuit Judge:

This is an appeal by the government from an order of the United States District Court for the Southern District of New York (Broderick, Judge) which granted Dennis Bonfiglio’s petition for a writ of habeas corpus, pursuant to 28 U.S.C. section 2255, and vacated his federal firearms conviction. The ground relied upon was that Bonfiglio had an earlier felony conviction, which formed a predicate for one federal firearms count to which Bonfiglio pleaded guilty herein, but which had since been modified nunc pro tunc to a misdemeanor. Therefore, the district court reasoned,…