United States v. Robinson

COOK, Circuit Judge.

A one-count indictment charged Marc Robinson with being a felon in possession of a firearm, see 18 U.S.C. § 922(g), and a jury convicted him after a trial in which he stipulated to his convicted-felon status. Robinson maintains that after his trial he discovered that the predicate felony cited in the indictment was in fact a misdemean- or. On appeal, he argues that the lack of a predicate felony renders him “actually innocent” of the felon-in-possession charge. He asks this court to set aside his stipulation and reverse his conviction. He also raises a Booker challenge.…