United States v. Michael Robert McCroskey

The Government appeals from the district court’s order dismissing the indictment charging McCroskey with being a felon in possession of a firearm in violation of 18 U.S.C.App. § 1202(a). The district court dismissed the indictment on the ground that McCroskey had not been previously “convicted” of a felony.

In 1977, McCroskey pled guilty to a felony burglary charge in an Idaho state court. The judge ordered that imposition of judgment be withheld for a period of three (3) years and placed defendant on probation. We hold that the plea of guilty followed by the imposition of probation constituted a conviction. U.S. v. Locke, 409 F.Supp. 600 at 603 (D.Idaho, 1976), aff’d. 542 F.2d 800 (9th Cir. 1976).

McCroskey was charged with possessing a firearm on October 10, 1980. On October 16, 1980, the Idaho State Judge entered an order stating that McCroskey had satisfied the conditions of probation on May 5, 1980 and dismissing the 1977 state court action “effective nunc pro tunc to the 5th day of May, 1980.” This court has held that a state court’s expungement of a conviction does not affect a defendant’s status as a convicted felon under 18 U.S.C.App. § 1202(a). United States v.…