Legal Opinion

United States v. Phillip Clark Herrell

Court of Appeals for the Ninth Circuit

Decided November 16, 1978No. 78-1511PublishedCited by 26 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Appellant Phillip Herrell appeals his conviction by a jury for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(h). We affirm.

I

In 1973, Herrell pleaded guilty in an Arizona court to a charge of grand theft. He was placed on probation for three years. On March 4, 1977, the judgment against Herrell was vacated, the grand theft charge dismissed, and Herrell’s civil rights were restored. This expunction was made under Ariz.Rev.Stat. § 13-1744. 1

On June 6, 1977, Herrell was found in possession of a pistol which is the subject of Count I of his…

2Cases cited10 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. United States v. BrashierCourt of Appeals for the Ninth Circuit · 1976
  3. United States v. Randall Wilford PricepaulCourt of Appeals for the Ninth Circuit · 1976
  4. United States v. John Richard LilesCourt of Appeals for the Ninth Circuit · 1970
  5. United States v. Alfred Barton RochaCourt of Appeals for the Ninth Circuit · 1977

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

3Cited by26 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1980
  2. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  3. United States v. Frank McKoyCourt of Appeals for the Ninth Circuit · 1985
  4. United States v. Jerry Diggs, United States of America v. Peter OliverezCourt of Appeals for the Ninth Circuit · 1981
  5. United States v. Edward Ford, Robert Little, John Felix, Solomon Johnson, Phillip Usquiano, Marcus Thompson, E. Dene ArmstrongCourt of Appeals for the Ninth Circuit · 1980

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

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