In what circumstances will the court allow a federal conviction for possession of a firearm by a convicted felon to be quashed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bergeman, 592 F.2d 533 (9th Cir. 1979):

In United States v. Potts, 528 F.2d 883 (9th Cir. 1975) (en banc), this court was faced with a claim similar to that of Herrell. In addition, the Washington expunction statute involved in that case had a proviso almost identical to that found in Ariz.Rev.Stat. 13-1744. We decided in Potts that expunction under the Washington statute did not eliminate a prior state conviction as a basis for a federal conviction for possession of a firearm by a convicted felon. We find that Potts controls Herrell'S claim and thus reject this asserted error."

Id. at 713 (footnote omitted).

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