United States v. Mark Hirsch Horodner
Opinion
Opinion
Thompson, J.
FACTS AND PROCEEDINGS
Mark Hirsch Horodner appeals the district court’s denial of his petition filed under 28 U.S.C. § 2265 .
In 1987, Horodner bought a shotgun. It didn’t work properly so he took it back to the dealer to have it repaired. He was subsequently charged and convicted of two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). One count was predicated on his possession when he bought the shotgun. The other was for his possession ten days later when he picked it up after it had been repaired. For these two convictions, he was sentenced to two concurrent terms of three years imprisonment, with 2}6 years suspended, and two concurrent three-year probation terms following his six months confinement. His attorney filed a notice of appeal from his convictions, but it was filed late. We dismissed the appeal for lack of a timely notice of appeal, pursuant to Federal Rule of Appellate Procedure 4(b).
After serving his six months in custody, Horodner was released. He then violated the terms of his probation. The district court revoked his probation and resentenced him to two consecutive 2^-year prison terms. It later made these sentences…