United States v. Reese
505 F. App'x 733
| 10th Cir. | 2012Background
- Federal court must decide if a New Mexico statute offends the state constitution to determine Reese's eligibility to hold public office.
- Reese completed a deferred sentence for a 1992 felony; the state later completed admission to voting and other rights restored under state law.
- For federal firearms possession under 18 U.S.C. § 922(g)(1), whether Reese is considered convicted depends on state law for establishing a conviction and whether civil rights are restored.
- New Mexico § 31-13-1(E) bars felons from office unless governor restoration occurs; NM Constitution Article VII guarantees eligibility to hold elective office to qualified electors.
- There is no controlling New Mexico appellate or constitutional authority on whether post-deferred-sentence rights restoration automatically restores eligibility to hold office.
- The panel certified a question to the New Mexico Supreme Court asking whether completion of a deferred sentence automatically restores the right to hold public office or if a pardon/certificate is still required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does NM constitutional right to hold office trump § 31-13-1(E)? | Reese argues constitution restores right to hold office upon voting-right restoration. | State statute § 31-13-1(E) governs eligibility regardless of constitutional restoration. | Dispositive certification; NM Supreme Court to decide. |
| Does completion of a deferred sentence automatically restore political rights under NM law and Article VII? | Voting rights restoration implies office eligibility. | Statutory bar persists absent governor's pardon or certificate. | Dispositive certification; NM Supreme Court to decide. |
| Should this federal case be resolved by certification rather than ruling on federal grounds alone? | State law controls restoration of rights; federal decision requires NM interpretation. | Court may resolve using federal law if state law is clear enough. | Certification granted; NM Supreme Court to decide. |
Key Cases Cited
- United States v. Maines, 20 F.3d 1102 (10th Cir. 1994) (defines four civil rights for restoration of firearm rights)
- State ex rel. King v. Sloan, 149 N.M. 620, 253 P.3d 33 (N.M. 2011) (recognizes relationship between elector and officeholder; statutory restriction acknowledged)
- Padilla v. State, 90 N.M. 664, 568 P.2d 190 (N.M. 1977) (deferral/dismissal does not erase underlying conviction)
- United States v. Valerio, 441 F.3d 837 (9th Cir. 2006) (relevant to felon-pelony status and federal possession-of-firearms liability)