United States v. Burt Steven Mikka

This is an appeal from a conviction for possession of a firearm by a felon in violation of 18 U.S.C. App. § 1202(a)(1). We affirm.

In July, 1977, appellant was acquitted in state court on charges of armed robbery. In January, 1978, appellant was indicted by a federal grand jury on three counts of possession of a firearm by a felon. The Government stipulated that the firearms involved in the state armed robbery trial were the same firearms referred to in the federal indictment. Following a jury verdict of guilty on all three counts, appellant successfully moved to dismiss two of the three counts. He now appeals his conviction on the remaining count.

I. Petite Policy

Appellant argues that his indictment on federal charges contravened the Department of Justice policy, known as the Petite policy, which provides:

United States Attorney’s Manual § 9-2.142.

We disagree. The Supreme Court has recently noted:

Rinaldi v. United States, 434 U.S. 22, 28-29 , 98 S.Ct. 81 , 54 L.Ed.2d 207 (1977) (footnote omitted; emphasis added). The Court found the identity of charges necessary to invoke the Petite policy given that the defendant had been charged in state court with, inter alia,…