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United States v. Edward Rzewnicki
694 F. App'x 588
| 9th Cir. | 2017
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Docket

*1 Before: GRABER and FRIEDLAND, Circuit Judges, and FOGEL, [**] District Judge.

Edward Rzewnicki appeals his conviction for being a felon in possession of firearms and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He asserts that the district court erred in denying his motion to dismiss the *2 indictment. The motion was based on his claim that he reasonably believed that the order discharging him from probation on the predicate felony conviction had restored his right to possess firearms, and that the indictment therefore violated the “anti-mousetrapping” rule of 18 U.S.C. § 921(a)(20).

Rzewnicki argued that he was a first offender as defined by Arizona law and thus was statutorily entitled to automatic restoration of his civil rights upon discharge from probation. Ariz. Rev. Stat. § 13-912(A). Rzewnicki’s 2005 conviction involved three separate felony counts. Under controlling Arizona authority, the automatic restoration provision of Arizona Revised Statutes § 13- 912(A) applies only to offenders who have been convicted of a single felony. Rocking K Holdings, Ltd. v. Pima County , 822 P.2d 487, 489 (Ariz. Ct. App. 1991). Accordingly, the district court correctly denied the motion to dismiss.

AFFIRMED.

2 16-10131

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The Honorable Jeremy D. Fogel, United States District Judge for the Northern District of California, sitting by designation.

Case Details

Case Name: United States v. Edward Rzewnicki
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 28, 2017
Citation: 694 F. App'x 588
Docket Number: 16-10131
Court Abbreviation: 9th Cir.
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