United States v. Norman Walter Purgason

FIELD, Senior Circuit Judge:

Norman Walter Purgason was convicted for illegal possession of firearms under 18 U.S.C.App. § 1202(a)(1) 1 and illegal receipt of a firearm under 18 U.S.C. § 922(h)(1). 2 Upon this appeal Purgason contends, as he did in the district court, that a felony conviction which has been set aside under the provisions of 18 U.S.C. § 5021(b) of the Youth Corrections Act cannot constitute a prior felony conviction which is an essential element of the firearms crimes of which he was convicted.

The stipulated facts show that on December 17, 1971, in the District Court for the…