Legal Opinion

United States v. Stone

District Court, W.D. North Carolina

Decided July 10, 2015No. 3:14-cr-00263-FDWPublished

1Opinion of the Court

ORDER

FRANK D. WHITNEY, Chief Judge.

THIS MATTER is before the Court on Defendant’s Motion to Dismiss his indictment charging two counts .of possession of a firearm by a convicted felon in violation of 18-U.S.C. § 922(g)(1). (Doc. -No. 11). Defendant Stone argues that,- under North *682Carolina’s statutory sentencing scheme, he has no prior conviction for which he could have received a term of imprisonment exceeding one year, and thus, his criminal record contains no predicate felony for purposes of § 922(g)(1). Defendant, however, has a prior 2012 North Carolina conviction for Felony Larceny, for…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Jones v. CunninghamSupreme Court of the United States · 1963
  3. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  4. United States v. GrandersonSupreme Court of the United States · 1994
  5. United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API