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United States v. Rumney, 1st Cir. (1992)
United States v. Rumney, 1st Cir. (1992)
No.
92-1438
UNITED STATES OF AMERICA,
Appellee,
v.
ARTHUR RUMNEY,
Defendant, Appellant.
____________________
ERRATA SHEET
this court
issued on
Line 16:
Line 19:
Line 20:
Line 21:
___________________
No. 92-1438
Per Curiam.
__________
Petitioner
in possession of a firearm
1202(a)(1).
for
Based on
a felon
in violation of 18 U.S.C.
app.
felony convictions
burglary
and robbery,
he
received
statute.
on appeal.
(1st Cir.),
U.S.C.
2255.
Petitioner
v. Rumney,
______
Petitioner now
under 28
No.
91-1505 (1st
a second
variously
grounds, of the
Nov. 13,
a cluster of
between January
labeled,
liberally interpreted as
Cir.
relief under
United States
______________
motions,
minimum
1991).
mandatory
the
which
the
district
court
denial of his
collateral
2255.
stated by that
and February
21,
1992.
We
also affirm
the
district
court's fourth and fifth decisions of March 10, and March 24,
1992,
disposing
of
petitioner's
last
two
motions
for
prior
to the
indictment, his
date of
the
offense charged
district
in his
court
rejected
this
Hampshire law.
argument
because
New
We
at the
federal, and
find it
unnecessary
to address
the
the law in
time of
petitioner's offense
incorporated a
not a state
determining the
1202(a).
Under
state law.
See Dickerson v.
___ _________
later
restoration
of
a convicted
felon's
Since a
"civil
rights"
would
not
change
the
historical
fact
of
the
conviction and
-4-
U.S. at 111-12.
Effective November
was
repealed
possession
and
reenacted.
provisions
were
The
app.
1202(a),
statute's
felon-in-
incorporated into
18
U.S.C.
921(a)(20),
"conviction,"
jurisdiction
was
amended.
by
requiring
where the
that jurisdiction
or restored
violations,
At
"conviction" applicable to
contained
The
reference
in
18
U.S.C.
amendment
to the
predicate conviction
the defendant's
924(e).
civil rights
redefined
law
of
the
occurred.
If
issued a pardon
without expressly
petitioner's case
109,
under
1202(a).
The repeal of any statute shall not have the effect
to release or extinguish any penalty, forfeiture,
or liability incurred under such statute, unless
the repealing Act shall so expressly provide, and
such statute shall be treated as still remaining in
force for the purpose of sustaining any proper
action or prosecution for the enforcement of such
penalty, forfeiture, or liability.
1 U.S.C.
109.
-5-
The
that
prosecutions
repeal.
for
acts
It fosters,
avoiding technical
who violates the law
committed
instead,
abatements and
prior
a
to
the
statute's
Congressional policy
a determination that
of
one
the mere
happenstance that the law was repealed after the criminal act
was committed.
The saving
statutory repeals
is to
outright repeals.
v. Marrero,
_______
417
See
___
U.S. 653,
to
here) as it
(1974); Bradley
_______
v.
United
______
and
statute's
repeal
conviction
and
indictment, we see
case
for the
"convictions"
amendment.
reenactment
prior
to
despite
the
petitioner's
purpose of
would
determining whether
be similarly
921(a)(20) seems to
us to
change contemplated
by the
1202(a),
subject of
may result
defined
the predicate
under the
later
amendment to 18 U.S.C.
be the very
type of
saving statute, as
in liability.
substantive
it redefines
But cf.
_______
United
______
denying retroactive
921(a)(20), we join
effect
to the
amendment to
-6-
230 (8th Cir. 1992); United States v. Brebner, 951 F.2d 1017,
_____________
_______
1023
aware that
result
interpretation
Richmond,
________
by
one circuit
applying
described
in
the
Bradley
_______
court has
rule
v.
reached the
of
statutory
School Board of
_________________
849 F.2d
541,
Cir. 1988).
In
Bradley, it
_______
was
reasoned
injustice
or
legislative history
not
changes
think this
in
is
statutory
to the contrary."
there
Bradley,
_______
We have previously
principle
substantive
is
criminal
law.
also
courts
those
indicated that we
which
to
United States v.
______________
with
or
416 U.S. at
ordinarily applicable
direction
In any
have
found
event, we
in
the
921(a)(20), indications
apply
the amendment
F.2d
at
1023 &
amendment
delaying
its
simultaneously
Congressional direction
prospectively only.
n.6
should
of a
not
See
___
(Congress manifested
apply
effective
date
for
designating
other
statutory
Brebner, 951
_______
its
retroactively
intent that
by
six
to
expressly
months
revisions
while
for
-7-
1202(a) would
continue to
818
353-54
F.2d
at
intended amendment
by expressly
apply to pending
(legislative
to expand
history
that repealed
cases); Holley,
______
shows
class of persons
Congress
eligible for
of
2255
and
his
four
subsequent motions.
__________________
__________________
-8-