Legal Opinion

United States v. James Ray Erwin

Court of Appeals for the Seventh Circuit

Decided May 7, 1990No. 89-3502PublishedCited by 99 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

We must decide whether a felon whose “civil rights” were restored automatically at the end of his sentence — but who under state law may not own a gun — stands convicted of a crime for purposes of 18 U.S.C. § 921(a)(20). If he does, then he is exposed to the special punishment Congress ordered in 18 U.S.C. §§ 922(g) and 924(e) for persons who possess a gun despite three prior convictions for violent felonies. The district judge concluded that a person who may not possess guns under state law remains a convicted felon even though other civil rights have been…

2Cases cited4 opinions

  1. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  2. United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
  3. United States v. KolterCourt of Appeals for the Eleventh Circuit · 1988
  4. United States v. ErwinDistrict Court, C.D. Illinois · 1989

3Cited by99 opinions

  1. United States v. Richard R. GlaserCourt of Appeals for the Seventh Circuit · 1994
  2. Buchmeier v. United StatesCourt of Appeals for the Seventh Circuit · 2009
  3. UNITED STATES of America, Plaintiff-Appellee, v. Tony E. COLLINS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. Henry David ThomasCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. Durriel E. GillaumCourt of Appeals for the Seventh Circuit · 2004

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