United States v. John Albritton
697 F. App'x 178
4th Cir.2017Background
- John Albritton, pro se, appealed denial of his 28 U.S.C. § 2255 motion and denial of a Fed. R. Civ. P. 59(e) motion to alter or amend the judgment.
- A certificate of appealability (COA) was required to review the district court’s orders.
- The court granted a limited COA issue: whether North Carolina had restored Albritton’s civil rights after his 1977 and 1978 convictions, affecting his designation as an armed career criminal (ACCA).
- The record shows Albritton committed another felony in 1984; the Fourth Circuit evaluated whether that intervening felony prevented any restoration of firearm rights.
- The panel concluded North Carolina continuously barred Albritton from possessing firearms since 1977 because he was not out of custody for five full years between felonies, so prior convictions could be aggregated under § 924(e).
- The court denied the COA on other issues, dismissed those parts of the appeal, and affirmed the district court’s denial of relief on the restored-rights/ACCA issue; oral argument was waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a COA should issue for Albritton’s § 2255 challenges | Albritton argued constitutional errors meriting review | Government contended most claims lacked substantial showing of constitutional denial | COA granted only on restored-rights/ACCA issue; denied as to other claims and those parts of the appeal dismissed |
| Whether North Carolina restored Albritton’s firearm/civil rights after his 1977–78 convictions, precluding ACCA treatment | Albritton argued his earlier convictions’ disabilities were restored, so they should not count toward ACCA | Government argued later felony (1984) and continuous disability meant rights were never effectively restored | Court held rights were never effectively restored due to intervening felony and continuous bar; convictions could be counted under § 924(e); Rule 59(e) denial affirmed |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (standard for certificate of appealability when denial is on procedural grounds)
- Miller-El v. Cockrell, 537 U.S. 322 (standard for COA when denial is on the merits)
- United States v. Clark, 993 F.2d 402 (4th Cir.) (holding prior convictions cannot be considered in isolation when determining whether firearm rights were restored)