Legal Opinion

United States v. Nathan Valerio

Court of Appeals for the Ninth Circuit

Decided March 28, 2006No. 04-10192PublishedCited by 16 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge.

We must decide whether a person has a “conviction” for purposes of the federal felon in possession of a firearm statute, under a New Mexico deferred sentence procedure. There are also evidentiary issues.

Facts

The Las Vegas Metropolitan Police Department sent an undercover informant to Valerio’s home to try to buy a gun from him. The informant, who was surreptitiously recording their conversation, told Valerio that he was a convicted felon, yet Valerio sold him a .357 magnum.

The police got a search warrant for Val-erio’s house, and found a 12-gauge shotgun and a .22…

2Cases cited20 opinions

  1. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
  2. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  3. Caron v. United StatesSupreme Court of the United States · 1998
  4. United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
  5. United States v. Kory Ray SmithCourt of Appeals for the Ninth Circuit · 2004

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

3Cited by16 opinions

  1. United States v. Jesus BarraganCourt of Appeals for the Ninth Circuit · 2017
  2. Frank Van Der Hule v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
  3. Johnson v. Department of State PoliceIllinois Supreme Court · 2021
  4. Enos v. HolderDistrict Court, E.D. California · 2012
  5. Barr v. Snohomish County SheriffWashington Supreme Court · 2019

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

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