United States v. Robert Montell Freed

Freed challenges his conviction on six counts of possession of a firearm by a convicted felon. 18 U.S.C.App. § 1202(a)(1). Two issues are presented. First, may a conviction under that statute be based on an expunged state felony conviction? Second, was Freed’s state felony conviction unconstitutionally obtained, and therefore not a valid basis for this conviction?

I. Expunction of the State Conviction

In 1965 Freed was convicted in Texas of the felony of receiving and concealing sto len property. In 1966, after he had satisfied the conditions of his probation, his conviction was set aside by the Texas court. He was “released from all penalties and disabilities resulting” from the conviction. That was his only felony conviction prior to his conviction on these charges.

Freed argues that the 1965 conviction has been' expunged, and is not a prior felony conviction for purposes of the federal firearms laws. The government responds that the release from disabilities granted by the Texas court was not an expunction. See United States v. Padia, 584 F.2d 85 (5th Cir.1978). Regardless of whether the release constituted an expunction, Freed’s argument is meritless.

The Supreme Court…