United States v. Rivera

*38RULING ON MOTION TO DISMISS

CLARIE, Chief Judge.

The defendant has been indicted in this Court for violating 18 U.S.C. § 922(h)(1)1 which prohibits inter alia a previously convicted felon from receiving any firearm which has been shipped or transported in interstate or foreign commerce. The defendant’s Motion to Dismiss is premised upon his claim that due to a jurisdictional deficiency his previous state court conviction cannot be considered a felony for purposes of the federal statute. The Court finds that his prior conviction does establish a proper basis upon which to allege a violation of…