United States v. Randall Wilford Pricepaul

Bad Law
540 F.2d 417
United States Court of Appeals for the Ninth CircuitAugust 9, 197674-3164California4,302 words

Opinion

Opinion

Wallace, J.

Pricepaul appeals his jury convictions of three counts of making false statements in connection with the acquisition of a firearm in violation of 18 U.S.C. § 922 (a)(6) and two counts of possession of a firearm by a convicted felon in violation of 18 U.S.C.App. § 1202(a). Pricepaul claims that his prior state felony conviction is unconstitutional under both federal and state standards and therefore cannot be used to prove his guilt on any of the five counts. We reverse and remand to the district court for a hearing on the validity of the prior state conviction under federal constitutional standards.

On October 30, 1969, Pricepaul pleaded guilty under the name Randy Price in a California state court to a charge of taking an automobile with intent to deprive the owner of possession, a felony, in violation of section 10851 of the California Vehicle Code. The only record of what happened at the time his plea was taken is a minute order describing the proceedings leading to Pricepaul’s conviction. The record notes that Pricepaul was represented by counsel, that he was found sane at the time the offense was committed, that he pleaded guilty to one count and two others were…

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