United States v. James Allan Huss

James Allan Huss (Huss) was convicted for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Huss was sentenced under the Armed Career Criminal Act, 18 U.S.C. § 924 (e), which imposes a mandatory minimum sentence of fifteen years on those convicted under § 922(g)(1) who have at least three prior violent or drug-related felony convictions. Huss argues on appeal that his conviction cannot stand because, under the Oregon law in effect at the time of his conviction for the predicate felony, he was not prohibited from carrying a long gun, the weapon he was charged with possessing under § 922(g)(1). Huss therefore argues that his conviction is contrary to Ninth Circuit ease law interpreting 18 U.S.C. § 921 (a)(20) and violates the ex post facto clause of the Constitution.

Huss also appeals his sentence under § 924(e), arguing that two of his prior convictions are not proper predicate convictions. In addition, Huss argues that the district court should have exercised its discretion to depart downward based on the time Huss had already spent in state custody. Huss’ final contention on appeal is that the district court erred in denying his motion to suppress…