On 30 August, 2000, a federal grand jury in the United States District Court for the Western District of Pennsylvania indicted Small on four counts:
- one count of making a false statement to a federally licensed firearms dealer;
- one count of possession of ammunition by a convicted felon; and
- two counts of possession of a firearm by a convicted felon.
Upon his indictment, Small filed to have the case dismissed, arguing that foreign convictions should not count as a predicate offense under Section 922 because the statement "any court" within the statute was meant for U.S. convictions only. The district court denied the motion.
Small also argued that his Japanese offense should not count because he did not receive certain basic civil rights protections during his trial in Japan. Small requested that the district court hold an evidentiary hearing so that he could testify about the fairness of his conviction in Japan. The government responded that there was no need for an evidentiary hearing because Section 922 addresses the fact of a prior conviction, not the fairness of it. On 16 January 2002, the district court denied the motion because the Japanese Constitution protects similar rights guaranteed by the United States Constitution. (Small argued that, while the same rights are protected in theory, in practice they are abused, citing several specific instances of incidents that would be considered violations of rights protected under the Fourth Amendment and Fifth Amendment of the United States Constitution.)
On 14 March, 2002, Small conditionally pled guilty to one count of possession of a firearm by a convicted felon, for which he was sentenced to eight months in jail and three years of supervised release. However, he remains free on bail pending the outcome of his appeals.
Other articles related to "district court, district, courts, districts, district courts, court":
... The United States District Court for the District of New York was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat ... Morris, “hen Judge Duane convened the district court for the District of New York—at the former Royal Exchange at the foot of Broad Street on November 3, 1789, it was the first. 120, divided the District of New York into Northern and Southern Districts ...
... In the United States federal courts, the United States district courts are the general trial courts ... The federal district courts have jurisdiction over federal questions (trials and cases interpreting federal law, or which involve federal statutes or crimes) and diversity (cases otherwise subject to ... There are 89 federal districts in the 50 states ...
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... The United States District Court for the District of California existed from 1866 to 1886 ... a state on September 9, 1850, and was initially divided into two districts, the Northern and the Southern, by Act of Congress approved September 28, 1850, 9 Stat ... that In addition to the ordinary jurisdiction and powers of a District Court of the United States, with which the Southern District Court of New York has been invested, the said Courts be and hereby ...
... The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal district court ... Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S ... The Southern District is one of the most influential and active federal district courts in the United States, largely because of its jurisdiction over New York's major financial centers ...
Famous quotes containing the words court and/or district:
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