Legal Opinion
United States v. Lester
District Court, S.D. Florida
Decided December 12, 1991No. 91-093-Cr-HIGHSMITHPublishedCited by 10 opinions
1Opinion of the Court
ORDER
MARCUS, District Judge.
THIS CAUSE is before the Court on Defendant Gary Lester's Motion to Dismiss Count I of the Indictment. The issue before the court is whether a nolo conten-dere plea, with adjudication withheld, in a prior state court proceeding is a “conviction” for purposes of the Federal Firearms Statute, 18 U.S.C. § 921 et seq. 1 While we consider this a close and difficult question, we nonetheless conclude that, for the reasons which follow, and based on the particular record presented to this court, Defendant’s Motion must be and is GRANTED.
On June 4, 1984, Gary Lester entered…
2Cases cited16 opinions
- Bernhardt v. StateSupreme Court of Florida · 1974
- McCrae v. StateSupreme Court of Florida · 1981
- Garron v. StateSupreme Court of Florida · 1988
- Chesebrough v. StateSupreme Court of Florida · 1971
- Smith v. StateSupreme Court of Florida · 1918
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Jose Mejias, A/K/A Meija, JoeCourt of Appeals for the Eleventh Circuit · 1995
- United States v. WillisCourt of Appeals for the Eleventh Circuit · 1997
- United States v. Michael J. DraytonCourt of Appeals for the Eleventh Circuit · 1997
- Snyder v. StateDistrict Court of Appeal of Florida · 1995
- United States v. GispertDistrict Court, S.D. Florida · 1994
5 more not listed; retrieve them via the Exa API.