United States v. John Trahan

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. John TRAHAN, Defendant-Appellant. No. 95-35815. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1996. Decided June 18, 1996. Before: BROWNING, WRIGHT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Trahan was indicted for being a felon in possession of a firearm pursuant to 28 U.S.C. § 922 (g). The underlying crime was a 1990 Alaska state possession felony that was based in turn on a Louisiana felony. To avoid a potential 10-year sentence, Trahan agreed to plead guilty to violating 18 U.S.C. § 924 (c), which has a mandatory minimum sentence of five years. He has now served more than three years of that sentence. After sentencing, he discovered that the Louisiana felony had been pardoned in 1985. He was then able to have his Alaska state felony set aside. 3 Trahan moved the district court for relief under 28 U.S.C. § 2255…