Opinion
Case No. 1:04-CV-00100PGC.
July 29, 2004
ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY
On May 20, 2003, Plaintiff pled guilty to possession of a firearm following a domestic violence conviction in violation of 18 U.S.C. § 922(g)(1). In this Section 2255 motion, Plaintiff now contests that conviction on the basis that the underlying conviction was in the process of being dismissed at the time the Indictment was filed against him.
After reviewing the legislative history of § 922(g)(1), the Third Circuit concluded that even when there are doubts about the validity of an underlying conviction, the answer for those who wish to possess a firearm is to "forbear from the purchase and possession of firearms until their convictions are voided by the courts or until they are freed from such disability by executive action. Failure to so refrain was intended to subject such persons to the penalties specified in the Act." The court agrees with the Third Circuit. Therefore, Plaintiff's motion is hereby DENIED (#1-1). The Clerk's Office is directed to close the case.
United States v. Graves, 554 F.2d 65, 69 (3rd Cir. 1977).