Legal Opinion

United States v. Harry James Chubbuck

Court of Appeals for the Eleventh Circuit

Decided June 1, 2001No. 99-12066Published

1Opinion of the Court

WILSON, Circuit Judge:

Appellant, Harry James Chubbuck, appeals his conviction under 18 U.S.C. §§ 922(g)(1), 924(a)(2), felon in possession of a firearm. He alleges that at the time of his arrest, he was not a felon under Florida law and as such could not be guilty of the offense. As there is no clear Florida state court precedent on the issue and Eleventh Circuit precedent holds otherwise, we affirm Chubbuck’s conviction because no plain error can be established.

BACKGROUND

Harry James Chubbuck (“Chubbuck”) was arrested and charged in December of 1994 with one count of trafficking in cocaine…

2Cases cited29 opinions

  1. United States v. YoungSupreme Court of the United States · 1985
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. United States v. William O. Steele, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1998
  4. Garron v. StateSupreme Court of Florida · 1988
  5. Florida League of Professional Lobbyists, Inc. v. William N. Meggs, as State Attorney for the Second Judicial Circuit of FloridaCourt of Appeals for the Second Circuit · 1996

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