Does Section 922(g)(1) of the Criminal Code require the government to prove beyond a reasonable doubt that Barker has been convicted of a prior felony?
MultiRegion, United States of America
The following excerpt is from U.S. v. Barker, 1 F.3d 957 (9th Cir. 1994):
Section 922(g)(1) requires the government to prove beyond a reasonable doubt that Barker has been convicted of a prior felony. United States v. Lloyd, 981 F.2d 1071, 1072 (9th Cir.1992). The district court's order changes the very nature of the charged offense; we review such a legal decision de novo. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).
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