Legal Opinion

United States v. Gerald Ray Bergeman

Court of Appeals for the Ninth Circuit

Decided March 21, 1979No. 78-2219PublishedCited by 36 opinions

1Opinion of the Court

J. BLAINE ANDERSON, Circuit Judge:

The defendant was charged with possession of firearms by a convicted felon in violation of 18 U.S.C.A. § 922(h)(1).1 The district court dismissed the indictment, finding that the prior conviction was invalid for purposes of 18 U.S.C.A. § 922(h)(1), since it had been dismissed under an Idaho statute which allows the expunction of state criminal convictions.2 We reverse.

Jurisdiction of the district court was based on 18 U.S.C.A. § 3231. Jurisdiction of this court is proper under 28 U.S.C.A. § 1291.

FACTUAL BACKGROUND

The defendant was found guilty of receiving…

2Cases cited22 opinions

  1. Scarborough v. United StatesSupreme Court of the United States · 1977
  2. Huddleston v. United StatesSupreme Court of the United States · 1974
  3. Barrett v. United StatesSupreme Court of the United States · 1976
  4. Jerome v. United StatesSupreme Court of the United States · 1943
  5. Reconstruction Finance Corporation v. Beaver CountySupreme Court of the United States · 1946

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3Cited by36 opinions

  1. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  2. Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Michael Lee DahmsCourt of Appeals for the Ninth Circuit · 1991
  4. ROLDANBoard of Immigration Appeals · 1999
  5. United States v. DiazCourt of Appeals for the Ninth Circuit · 2016

31 more not listed; retrieve them via the Exa API.

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