United States v. Howe, No. 12-2321 (1st Cir. 2013)
Annotate this CaseDefendant was indicted in 2012 for possession of a firearm by a felon based on his prior predicate conviction in 1995 of a state felony. Defendant moved to dismiss the count, arguing that he could not be classified as a felon under 18 U.S.C. 922(g)(1) because he had his civil rights to sit on a jury and to hold public office restored as a matter of New Hampshire state law. At issue was whether Defendant's right to serve on a New Hampshire jury was restored before the date of the federal offense. The district court adopted Defendant's reading of New Hampshire's juror eligibility statutes and dismissed the felon in possession charge. The First Circuit Court of Appeals certified to the New Hampshire Supreme Court the question of law of whether Defendant's right to serve on a New Hampshire jury was restored as of the date of the federal crime under the New Hampshire Revised Statutes.
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