Anderson

The United States appeals the district court’s dismissal of Defendant-Appellee Dante Anderson’s indictment for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). The court concluded that the defendant’s two predi cate felony convictions were insufficient to support a federal indictment because each resulted from a plea of nolo contendere in a California state court and, therefore, did not conclusively establish Anderson’s guilt.

Title 18 U.S.C. § 922 (g)(1) prohibits possession of a firearm by “any person ... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” “What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” 18 U.S.C. § 921 (a)(20); accord United States v. Valerio, 441 F.3d 837, 839 (9th Cir.2006) (“Under the federal felon in possession statute, state law controls on whether a person has a ‘conviction,’.... ”).

The California Penal Code, section 1016(3), provides that “[t]he legal effect of [a nolo contendere] plea, to a crime punishable as a felony, shall be the same as that of a plea…