United States v. James Kim Laskie

GRABER, Circuit Judge:

Defendant James Kim Laskie was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He appeals, arguing that his previous state conviction had been “set aside,” as that term is used in 18 U.S.C. § 921(a)(20), by an “honorable discharge” that he received from a Nevada court in 1985. We agree and vacate Defendant’s conviction.

FACTUAL AND PROCEDURAL HISTORY

In 1982, Defendant pleaded guilty in Nevada state court to possession of a controlled substance, a felony. He was sentenced to a suspended prison term of two years, with three…