United States v. Nathan Valerio
Court of Appeals for the Ninth Circuit
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
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
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- United States v. Kory Ray SmithCourt of Appeals for the Ninth Circuit · 2004
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