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U.S. v. McBRYDE

No. 90-5213.

938 F.2d 533 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Henry B. McBRYDE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1991.

Attorney(s) appearing for the Case

John Herman Hare, Asst. Federal Public Defender, Columbia, S.C., for defendant-appellant.

Alfred William Walker Bethea, Jr., Asst. U.S. Atty., Florence, S.C., argued (E. Bart Daniel, U.S. Atty., Florence, S.C., on the brief), for plaintiff-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

Henry McBryde appeals his conviction for possession by a state-convicted felon of three firearms in violation of 18 U.S.C. § 922(g)(1). Although McBryde admits that he possessed the firearms, he argues that his firearms possession was not a federal crime as defined in § 922(g)(1), because the state conviction upon which its criminality depended had been effectively voided as a "conviction" by the provisions of 18...

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