United States v. Benton D. Burt

FERGUSON, Circuit Judge:

Defendant Benton Burt was convicted of violating 18 U.S.C. § 922(h)(1), receipt of a firearm by a convicted felon. The government appeals the district court’s refusal to sentence the defendant as a dangerous special offender (“DSO”). The issue before us is whether the district court, for purposes of the DSO statute, properly disregarded a prior conviction obtained by a procedure later found unconstitutional, but held not retroactive. We hold that it did, and affirm.

I

On January 12, 1983, the government charged the defendant with firearms violations by a convicted felon.…