United States v. John Rankin Simpson

Good Law
27 F.3d 355·94 Daily Journal DAR 7812·1994 WL 243720·1994 U.S. App. LEXIS 13573·94 Cal. Daily Op. Serv. 4209
United States Court of Appeals for the Ninth CircuitJune 8, 199493-10128California767 words

Opinion

Opinion

Noonan, J.

Opinion by Judge NOONAN.

John Rankin Simpson appeals from conviction of being a felon in possession of a firearm. The issue on appeal is whether Nevada, which had convicted him of a felony, had restored the right to have a firearm. We hold that it had not and accordingly affirm his conviction.

PROCEEDINGS

On March 30, 1984 Simpson pleaded guilty to a state felony charge in Nevada and was subsequently given a six year suspended sentence and placed on probation for five years. He completed his probation on April 13,1989 and was honorably discharged on May 23, 1989.

Under Nevada law every defendant who has fulfilled the conditions of his probation for the entire period of the probation may be granted an honorable discharge from probation by order of the court. Nev.Rev.Stat. § 176.225. According to this statute, a person who is honorably discharged from probation may apply to the court for restoration of his civil rights pursuant to § 176.227.

Under § 176.227 such a person honorably discharged from probation who is not convicted of any offense greater than a traffic violation within six months after his discharge may apply to the Department of Probation to request a restoration…

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