United States v. Charles Russell Pruner

Pruner appeals his conviction for receipt of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year. 18 U.S.C. § 922 (h)(1). Pruner raises three issues on appeal. First, he argues that his previous conviction was not for a crime punishable by imprisonment exceeding one year within the meaning of section 922(h)(1). Second, he argues that knowledge or scienter that the earlier crime carried a maximum term of imprisonment exceeding one year is a necessary element of a section 922(h)(1) offense and that the court erred in not allowing the jury to consider whether he possessed this knowledge. Third, Pruner challenges the sentence imposed by the court. He argues that the sentence was erroneous because it exceeded the maximum two-year term allowed by 18 U.S.C.App. § 1202(a), which prohibits the same act covered by section 922(h)(l) but carries a lighter penalty. We conclude that there was no error below and affirm.

In 1968 Pruner was convicted in California Superior Court of receiving stolen property. This crime was “punishable by imprisonment in a state prison for not more than 10 years, or in a county jail for not more than one…