United States v. Wesley Everett Douglas

OVERVIEW

Defendant Wesley Douglas appeals his conviction under 18 U.S.C. § 922 (g)(1) for being a convicted felon in possession of a firearm. Douglas argues that he cannot be convicted for possession of firearms under section 922(g)(1) because at the time of his arrest he was still allowed to possess firearms pursuant to 18 U.S.C. § 925 (b). This court has jurisdiction over Douglas’s timely' appeal pursuant to 28 U.S.C. § 1291 (1988). We reverse Douglas’s conviction.

BACKGROUND

Defendant Wesley Douglas made his living dealing in guns pursuant to a valid federal firearms license. On October 25, 1989, Douglas pled guilty to felony charges based on possession of unregistered National Firearms Act weapons (e.g., machine guns). After his guilty plea, Bureau of Alcohol, Tobacco, and Firearms (BATF) agents told Douglas and his attorney that Douglas could continue to deal in firearms until the final adjudication pursuant to his prior indictment. Douglas was also advised that he and his girlfriend, Karen Gatherer, should get rid of their guns before his conviction became final. Sentencing and entry of judgment were scheduled for March 5, 1990.

On January 12, 1990, Douglas was selling…