United States v. Raymond Jayson Simpson

Petitioner United States (“the government”) appeals the District Court of Arizona’s dismissal of its indictment charging appellee Raymond Simpson with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). The government argues the district court improperly relied on the underlying facts of Simpson’s previous felony conviction, rather than on the “categorical approach,” to find that Simpson’s conviction did not constitute a “felony involving violence” under Arizona Revised Statute (A.R.S.) § 13-3101(5)(b) (1989). We conclude that because Simpson had his civil rights restored and was not classified as a convicted felon under Arizona law, he was not a felon in possession for purposes of § 922(g)(1). Accordingly, we affirm.

I.BACKGROUND

In April 1988, Simpson engaged in sexual relations with a fourteen-year-old girl. As a result, the Maricopa County Attorney charged Simpson with three counts of sexual conduct with a minor, all class two felonies and dangerous crimes against children in the first degree. Simpson pled guilty to attempted sexual abuse of a minor in violation of A.R.S. § 13-1404, and was sentenced to two years of probation. Simpson served his…