US v. Penney, No. 05-6821 - U.S. Sixth Circuit
U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

US v. Penney, No. 05-6821

Defendant's drug and firearm convictions are affirmed, where: 1) proof of a defendant's prior felony convictions is admissible for purposes of proving an 18 U.S.C. section 922(g)(1) violation, even if the prior convictions are constitutionally deficient; and 2) defendant's state-law right to possess a firearm was never restored, and thus the Section 921(a)(20) exemption did not apply.

Read US v. Penney, No. 05-6821

Appellate Information

Argued: October 24, 2008

Decided and Filed: August 7, 2009

Judges

Opinion by Judge Boggs

Dissent by Judge Merritt

Counsel

For Appellant:

Bryan H. Hoss, Davis & Hoss, Chattanooga, TN

For Appellee:

Steven S. Neff, Assistant United States Attorney, Chattanooga, TN