United States v. Michael Wayne Eaton

Michael Wayne Eaton appeals his conviction and sentence under 18 U.S.C. § 922 (g)(1), which makes it unlawful for a felon convicted of a crime punishable by more than one year of imprisonment to “knowingly possess in or affecting commerce any firearm or ammunition.” Eaton contends that he is not a felon within the meaning of 18 U.S.C. § 922 (g)(1) because Montana restored his civil rights after he completed his North Dakota sentence. In the alternative, Eaton argues that his sentence is excessive and that he is entitled either to an additional reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b)(2) or to straight probation based on the exception for “single acts of aberrant behavior” under U.S.S.G., Ch. 1, Pt. A intro., 4(d). We affirm.

BACKGROUND

On April 10, 1986, Eaton was convicted of felony robbery in Cass County District Court, Fargo, North Dakota. He was sentenced to serve 24 months, with the last 18 months suspended. Eaton’s probation subsequently was transferred from North Dako ta to Montana, and on December 11,1987 he was released from probation.

In late August 1992, Eaton purchased a .44 caliber revolver from Robert Carter in Kalis-pell, Montana. He…