United States v. Dana Reth , 258 F. App'x 68 ( 2007 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-2381
    ___________
    United States of America,               *
    *
    Appellee,                  *
    * Appeal from the United States
    v.                                * District Court for the Northern
    * District of Iowa.
    Dana Reth,                              *
    * [UNPUBLISHED]
    Appellant.                 *
    ___________
    Submitted: December 11, 2007
    Filed: December 19, 2007
    ___________
    Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Dana Reth was indicted in the Northern District of Iowa on a charge of
    possession of a firearm as a felon in violation of 
    18 U.S.C. § 922
    (g)(1). He moved to
    dismiss the charge on the ground that he was not a "convicted" felon on the date he
    possessed the firearms in question because he had received a deferred judgment from
    the state on the predicate felony offense. The district court1 denied the motion to
    1
    The Honorable Linda R. Reade, Chief United States District Judge for the
    Northern District of Iowa.
    dismiss, finding under Iowa law the deferred judgment did count as a conviction for
    purposes of § 922(g)(1).
    Reth entered a conditional plea of guilty, and was sentenced to fifteen months
    of imprisonment. Reth appeals, renewing his claim that his deferred judgment was not
    a "conviction" sufficient to disable his right to possess firearms under Iowa law. He
    requested we certify the question to the Iowa Supreme Court. After careful de novo
    review, we conclude denial was proper for the reasons stated in the well-reasoned
    opinion of the district court. Accordingly, we decline certification and affirm the
    decision of the district court. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-2381

Citation Numbers: 258 F. App'x 68

Judges: Bye, Gibson, Melloy

Filed Date: 12/19/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024