United States v. Thompson
901 F.3d 785
7th Cir.2018Background
- Jimmy Thompson pleaded guilty to violating 18 U.S.C. § 922(g)(1) (felon in possession) after admitting possession and initially conceding a prior Illinois conviction for aggravated unlawful use of a weapon (AUUW).
- After his plea, federal and state courts held the AUUW statute unconstitutional (Moore v. Madigan; People v. Aguilar), but Thompson never sought to vacate or expunge his state conviction.
- Thompson moved to withdraw his guilty plea and argued the AUUW conviction was void ab initio and thus could not serve as a § 922(g)(1) predicate.
- The district court denied the motion, relying on Lewis v. United States and precedent from this circuit, and sentenced Thompson to 16 months’ imprisonment.
- Thompson appealed, urging that a conviction later declared unconstitutional cannot support a federal felon-in-possession charge; the government relied on circuit precedent holding otherwise.
Issues
| Issue | Thompson's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether a state conviction later declared unconstitutional can serve as a § 922(g)(1) predicate | AUUW conviction is invalid ab initio and cannot make him a felon under federal law | A conviction remains a predicate unless vacated/expunged; defendant should have sought relief in state court | Court affirmed: prior conviction counts unless vacated or disability removed; relied on Lewis and circuit precedent |
| Whether the plea should be withdrawn because predicate conviction was invalid | Plea should be set aside because underlying conviction never valid | Plea valid because at time of possession conviction existed on record and was not expunged | Denied withdrawal; conviction stands |
| Whether circuit precedent should be overturned (United States v. Lee) | Lee should be overruled in light of statutory fairness arguments | Maintain Lee and follow Lewis; Congress unchanged | Court refused to overturn Lee; followed existing precedent |
| Whether policy objections justify relief | Unfair to punish someone based on a conviction later invalidated | Policy arguments for Congress, not courts; statute clear | Policy objections insufficient; courts apply statute as written |
Key Cases Cited
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (held Illinois AUUW statute unconstitutional)
- Lewis v. United States, 445 U.S. 55 (1980) (a felony conviction stands as a federal firearms disability until vacated or relieved by affirmative action)
- United States v. Lee, 72 F.3d 55 (7th Cir. 1995) (circuit precedent applying Lewis to reject challenge when state conviction later expunged or invalidated)