United States v. Ira O'Neal

Appellant asks that we overrule or distinguish this court’s recent decision in United States v. Pricepaul, 540 F.2d 417 (9th Cir., 1976, as modified Aug. 9, 1976). There, we held that a prior state conviction obtained in violation of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), cannot be used to establish a federal firearms violation. We decline appellant’s invitation and affirm.

Defendant-appellee, indicted on two counts of federal firearms violations, moved to strike the evidence of a prior felony on the ground that the predicate conviction was obtained unconstitutionally. Count I alleges that O’Neal made a false statement in connection with the acquisition of a firearm in violation of 18 U.S.C. § 922 (a)(6). Count II alleges that he violated 18 U.S.C. App. § 1202(a), possession of a firearm by a convicted felon.

In 1948, defendant pleaded guilty in district court to a felony, importation of marijuana. Although the record of his conviction remains, all government notes and materials concerning the 1948 proceeding have been destroyed.

In March 1974, O’Neal purchased a high powered 9mm Browning pistol in Oakland, California. In connection with that…