United States v. Darryl Rodney Cardwell, Jr.

Darryl Rodney Cardwell, Jr., appeals his conviction following a conditional guilty plea to firearm possession by a felon, in violation of 18 U.S.C. § 922 (g)(1). He contends that his prior Oregon state burglary conviction was not a predicate offense under section 922(g)(1) because his civil rights had been restored after his parole, and the district court therefore erred by denying his motion to dismiss the indictment. We reverse the conviction and remand for the district court to dismiss the indictment.

We review de novo the district court’s interpretation of a statute. United States v. Dahms, 938 F.2d 131, 133 (9th Cir.1991). Section 922(g)(1) prohibits firearm possession by any person “who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.” 18 U.S.C. § 922 (g)(1) (1986).

18 U.S.C. § 921 (a)(20) (1986).

In other words, if a felon falls within one of the categories specified by section 921(a)(20), his felony conviction may not serve as a predicate conviction for a violation of section 922(g)(1), unless he has been informed by the state statute or other state action of any prohibition concerning firearms. United States v. Gomez,…