United States v. Douglas B. Leuschen

OPINION OF THE COURT

ROSENN, Circuit Judge.

Although the appellant in this appeal challenges the constitutionality of the federal felon in possession of a gun law, 18 U.S.C. § 922(g)(1), the most serious aspect of this appeal is the question whether his extant prior conviction, if flawed, may constitute the predicate conviction for his subsequent prosecution under § 922(g)(1). This question is one of first impression in this circuit.

Following a bench trial in the United States District Court for the Western District of Pennsylvania, appellant Douglas B. Leuschen (“Leuschen”) was found guilty of…