Richards v. United States

FAHY, Circuit Judge,

concurring in part and dissenting in part.'

I concur that the appeal was timely and that this court has jurisdiction. I dissent from the court’s approval of the use by the Government of defendant’s former conviction of an offense for which he had been granted a full pardon by the President. The conviction was used for the purpose of impeaching defendant’s credibility as a witness in his own behalf. To permit the pardoned crime thus to be used on a trial for an entirely different offense seems to me to be inconsistent with the nature and effect of a full Presidential pardon…