Tuesday, November 16, 2010

U.S. v. Anderson, No. 09-50559 (11-16-10) (Per curiam with Pregerson, Ripple from the 7th Cir., Graber). "Hey, I only plead nolo...I didn't say I was guilty." How many times has a defendant said that when faced with a past conviction being used against him? In this case, the district court dismissed an indictment for being a prohibited possessor of a firearm because the defendant's two predicate California felonies were each a result of a nolo contendere plea. The 9th held that such a dismissal was clearly erroneous. The state statute, Calif. Penal Code 1016(3), clearly states a nolo contendere plea is equivalent to a guilty plea. The federal statute, 922(g)(1), looks to the state definition. The dismissal was reversed.


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