Otto Presley v. United States

ARNOLD, Circuit Judge.

Otto Presley was indicted for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(1)(B), and entered a conditional guilty plea, see Fed.R.Crim.P. 11(a)(2), that reserved his right to appeal the issue he raises here. The District Court 1 accepted the conditional plea and sentenced Presley to three years’ probation and a special assessment of $50.00.

The federal law prohibiting possession of firearms by felons was amended in 1986 by the Firearms Owners’ Protection Act, P.L. 99-308, 100 Stat. 449, and the question presented is whether…