UNITED STATES of America, Plaintiff-Appellee, v. Tony E. COLLINS, Defendant-Appellant

Bad Law
61 F.3d 1379·95 Daily Journal DAR 9809·1995 WL 431727·1995 U.S. App. LEXIS 19181·95 Cal. Daily Op. Serv. 5758
United States Court of Appeals for the Ninth CircuitJuly 24, 199594-30300California3,380 words

Opinion

Opinion

Skopil, J.

Tony E. Collins was convicted by a jury of violating 18 U.S.C. §§ 922 (g)(1) and 922(g)(2), prohibiting felons and fugitives from possessing firearms. He was sentenced as an armed career criminal pursuant to 18 U.S.C. § 924 (e)(1). He contends on appeal that his prior felony convictions cannot serve as predicate offenses for sections 922(g)(1) and 924(e) because his civil rights, including the right to possess firearms, had been restored. We disagree that his right to possess firearms was ever restored. We also reject Collins’ arguments regarding the search warrant and supporting affidavit, his proffered entrapment defense, the sufficiency of the evidence that he was a fugitive from justice, and acceptance of responsibility. We affirm.

FACTS AND PRIOR HISTORY

Collins was convicted of several felonies in Illinois in the late 1970’s for which he was sentenced and released. He was arrested in Illinois in 1991, on misdemeanor theft charges. A bench warrant was issued when he failed to appear for trial. Collins thereafter moved to Montana. On June 15,1993, he was stopped by a Montana sheriff after reports that he had fired a gun in a bar. Firearms were found in Collins’ possession.…

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