United States v. Stanley Arthur Locke

Appellant was convicted on three counts of receiving and possessing firearms while a convicted felon in violation of 18 U.S.C.App. § 1202(a)(1). The primary issue before the district judge was whether, prior to his receiving and possessing the firearms, the appellant had been convicted of a felony. It is agreed that appellant had heretofore entered a plea of guilty in the state court of Idaho to a charge of burglary in the nighttime. After receipt of a presentence report, the state judge ordered that pursuant to the Idaho statute sentence be withheld for a period of three years and that appellant be placed on probation to the Idaho State Board of Corrections for said period of time. The facts are more thoroughly delineated in United States v. Locke, 409 F.Supp. 600 (D.Idaho 1976). They need not be detailed here because the appellant has admitted everything necessary to support conviction save that he was a convicted felon.

We are convinced that the district court correctly applied the applicable state and federal law to the agreed facts and that the judgment of conviction must be affirmed.

The appellant admits that he never sought relief from his conviction under the pertinent…