United States v. Johnny Edward Stober

SETH, Chief Judge.

Opinion on Rehearing En Banc

The defendant was indicted for a violation of 18 U.S.C. § 922(h) and § 924(a) for receiving firearms shipped in interstate commerce after he had been convicted of a felony. Defendant was tried without a jury, found guilty, and given a suspended sentence. He took this appeal.

The basic issue on appeal is whether the defendant had been previously convicted as the Federal Act under which he was charged requires. Defendant had entered a plea of guilty under the Oklahoma Deferred Judgment Procedure, 22 O.S.Supp.1977 § 991c and the procedure was under…