In 2004, Nile Stark was convicted of the felony possession of a controlled substance. A "Judgment" convicting him of this felony was entered. He was placed on probation for 18 months and the court noted that if he successfully completed his probationary term he could ask the court to reduce his felony conviction to a misdemeanor. Having successfully completed his probation in 2006 Mr. Stark applied for and was granted an "Order" reducing his felony conviction to a misdemeanor.
Last Wednesday, a 20-year-old man pleaded not guilty to charges stemming from a July shootout near North Portland's Peninsula Park. Witnesses of that incident say that a blue van carrying two men drove up near two other men standing on a sidewalk next to Peninsula Park, and someone in the van fired at them, while someone on the sidewalk fired at the van.
On Wednesday, the Oregon Court of Appeals threw out the conviction of Christopher Fivecoats on charges of first-degree theft, felon in possession of a firearm and unlawful entry into a motor vehicle. The reason cited by the court was that walking in front of a jury is not testimony.
The "Good Faith" doctrine notwithstanding, the Ninth Circuit Court of Appeals today reversed James Grant's conviction (and 46 month prison sentence) for being a felon in possession of a firearm. The case is noteworthy because the gun in question was found during a search of Mr. Grant's home according to a valid search warrant.
Today the Oregon Court of Appeals affirmed the decision of a Multnomah County Circuit Court Judge to merge 21 convictions for felon in possession of a firearm into a single conviction.
In a split decision today the Oregon Court of Appeals has upheld the constitutionality of a Portland city ordinance making it a crime to carry a loaded firearm in public. Jon Christian was found guilty of possession of a loaded firearm in a public place. He appealed the conviction arguing that his right to bear arms under both the Oregon and federal constitutions trumped the city ordinance.
On Wednesday the Oregon Court of Appeals upheld Nile Stark's conviction for being a felon in possession of a firearm, despite the fact that the felony conviction upon which the case rested had been reduced to a misdemeanor before he possessed the gun at issue.
Yesterday, the 9th Circuit affirmed the district court's refusal to give Lenny Urena a self-defense instruction in his assault case. Lenny it seems was incarcerated on the morning of April 11, 2006 when he was insulted by another inmate who called Lenny "a bitch."
Today the Oregon Court of Appeals invalidated the Oregon Board of Higher Education's administrative rule banning people from possessing firearms on state university property.
Part 2 of the Raivio, Kohlmetz & Steen, P.C. Blog posting on firearms issues in federal criminal cases focuses on The two level firearm enhancement under United States Sentencing Guideline (USSG) § 2D1.1(b)(1). Yesterday's installment dealt with the criminal offense under 18 USC § 924(c), and "possession" generally.