State conviction with presumptive sentence of eleven months does not qualify as felony for prosecution under federal felon-in-possession statute

STATUTORY CONSTRUCTION United States v. Hill, No. 07-3034, ___ F.3d ___ (10th Cir. Jan. 15, 2008)(Kansas). Appeal of conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). HELD: Under Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, state trial court judge could not sentence defendant to term of imprisonment greater than one year without jury finding of additional aggravating facts. Therefore, in the absence of jury findings of any aggravating sentencing facts, defendant’s 2005 conviction for criminal possession of firearm in violation of Kansas law that carried presumptive sentence of eleven months, did not qualify as felony for purpose of federal prosecution under 18 U.S.C. § 922(g)(1) for being felon in possession of firearm. Read the opinion here.