Does a preliminary finding of unlawful possession of a firearm and possession of an assault weapon constitute sufficient grounds for a motion of appeal?
MultiRegion, United States of America
The following excerpt is from Moses v. Payne, 543 F.3d 1090 (9th Cir. 2008):
1 Because this initial statement of facts is drawn from the state appellate court's decision, it is afforded a presumption of correctness that may be rebutted only by clear and convincing evidence. See 28 U.S.C. 2254(e)(1); Hernandez v. Small, 282 F.3d 1132, 1135 n. 1 (9th Cir.2002). Moses does not allege that these preliminary facts are erroneous.
2 Moses was also convicted on the unlawful possession of a firearm charge following a bench trial.
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