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United States v. Schnell

Citation: 353 F. App'x 12Docket: No. 07-3407

Court: Court of Appeals for the Seventh Circuit; November 11, 2009; Federal Appellate Court

Narrative Opinion Summary

In a significant federal appellate case, a defendant challenged his convictions for possession of firearms as a felon under 18 U.S.C. § 922(g)(1). The defendant contended that his civil rights had been restored, arguing that information sheets received from his probation officer misled him to believe that he was permitted to possess firearms. These sheets indicated no loss of civil rights unless explicitly stated. However, the district court held that federal law governs the restoration of civil rights post-conviction, and the defendant's rights had not been restored under 18 U.S.C. § 921(a)(20) as he had not received a pardon, expungement, or pursued restoration under 18 U.S.C. § 925(c). The court emphasized that vague information on civil rights restoration does not suffice to negate federal firearm restrictions. Consequently, the defendant's convictions were upheld. The appellate court reaffirmed the district court's findings, dismissing the defendant's arguments regarding the alleged restoration of rights and clarifying the non-retroactive application of relevant Supreme Court interpretations. The defendant was ultimately sentenced to concurrent 60-month imprisonment terms for his offenses, reinforcing the judiciary's strict interpretation of federal firearm laws vis-à-vis civil rights restoration.

Legal Issues Addressed

Federal vs. State Authority on Civil Rights Restoration

Application: Federal convictions can only be forgiven by the federal government for the purposes of civil rights restoration under 921(a)(20), and state-issued restorations do not affect federal restrictions.

Reasoning: Consequently, if a state restores a felon's civil rights, firearms restrictions stemming from federal convictions remain in effect.

Interpretation of Civil Rights Restoration Certificates

Application: The court found that the information sheets received by the defendant did not constitute restoration of civil rights for purposes of firearm possession under federal law.

Reasoning: The court rejected Schnell's interpretation of the forms issued by the Probation Department as sufficient for restoring his civil rights.

Misleading Information on Civil Rights Restoration

Application: The court held that vague or incomplete information provided to the defendant cannot justify possession of firearms under federal law.

Reasoning: It is crucial that a state clearly communicates any firearm restrictions; vague or incomplete information cannot serve as a basis for federal prosecution.

Possession of Firearms by a Felon under 18 U.S.C. § 922(g)(1)

Application: The defendant was convicted of possessing firearms while being a felon, as his prior federal convictions served as valid predicates under 18 U.S.C. § 922(g)(1).

Reasoning: Schnell was convicted of two counts of possession of a firearm by a felon under 18 U.S.C. § 922(g)(1).

Restoration of Civil Rights under 18 U.S.C. § 921(a)(20)

Application: The court concluded that the defendant’s civil rights were not restored under federal law, as neither of his convictions had been expunged, pardoned, nor had he pursued restoration under 18 U.S.C. § 925(c).

Reasoning: The district court denied Schnell’s motion, determining that the question of whether his civil rights were restored after a federal conviction is governed by federal law, specifically 18 U.S.C. § 921(a)(20).