United States v. Frederick D. Wagner

CUDAHY, Circuit Judge.

A jury found Frederick Wagner guilty of possession of a firearm while a convicted felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, Wagner argues that he does not fall within the definition of a convicted felon under the federal gun possession statute since Indiana law does not prohibit the possession of guns by a felon in his home or dwelling. We affirm.

I. Background

On September 26, 1990, Wagner was on the porch of the residence located at 537 North Dearborn in Indianapolis, Indiana, when he became involved in an argument with two men from a building across the…