United States v. Albert James Goodheim

Caution
651 F.2d 1294·1981 U.S. App. LEXIS 11079
United States Court of Appeals for the Ninth CircuitJuly 27, 198180-1408California2,719 words

Opinion

Opinion

Reinhardt, J.

Goodheim appeals his jury conviction of two counts of making false statements in connection with the acquisition of a firearm, in violation of 18 U.S.C. § 922 (a)(6), two counts of receipt of a firearm by a convicted felon, in violation of 18 U.S.C. § 922 (h)(1), and one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C.App. § 1202(a)(1). One of the two false statements in each of the latter two counts consisted of Goodheim’s representation that he was not a convicted felon. Goodheim claims that his prior state felony conviction is constitutionally infirm and therefore cannot be used as a basis for his conviction on any of the five counts. Good-heim also raises several evidentiary issues and attacks the consecutive sentences he received on two counts. We reverse and remand to the district court for a hearing on the validity of the prior state conviction.

On November 6, 1964, Goodheim pleaded guilty in a Washington state court to the charge of unlawfully withholding $275.20 in insurance premium payments from his employer. The offense charged constituted a felony under state law. The record describing the proceedings at the time his plea was taken…

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