United States v. Elrawy

JERRY E. SMITH, Circuit Judge:

Ibrahim Elrawy appeals his conviction of violating 18 U.S.C. § 922(g)(5)(B) by being an alien admitted under a nonimmi-grant visa who possessed a firearm (count one) and of violating id. § 922(g)(5)(A) by being an alien illegally present in the United States who possessed a firearm (count two). We affirm as to count two, reverse as to count one, vacate the sentence, and remand. 1

I

A

Elrawy is a native and citizen of Egypt who was admitted to the United States on a nonimmigrant visa on May 17, 1994. The visa authorized him to remain in the United States not more…