United States v. Faison

¶5PER CURIAM:

¶6In August 1993, a jury found defendant Forrest Faison guilty of two counts of distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1). The district court allowed defendant to remain free on bond pending sentencing. In September 1993, while free on bond, defendant was arrested and charged with being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g). In December 1993, the district court adjudicated defendant guilty on the cocaine distribution charges; and, in July 1994, defendant plead guilty to the firearm charge.

¶7This appeal is about the firearm charge. Defendant claims that his conviction for being a convicted felon in possession of a firearm must be dismissed because when he was released on bond he had not yet been “convicted” on the cocaine charges. According to Faison, a jury verdict of guilty, without an adjudication of guilt by the district court or other notice that he had been convicted, does not constitute a conviction for purposes of the firearms statute.

¶8As Faison’s prior offenses were in federal court, federal law controls whether a jury verdict constitutes a conviction supporting a charge of possession of a firearm by a convicted felon. While this case presents an issue of first impression in this circuit, in United States v. Dougherty, 895 F.2d 399 (7th Cir.1990), the Seventh Circuit held that a jury verdict of guilty amounted to being “convicted” of the federal offense of being a felon in possession of a firearm, even though no formal judgment of conviction had been entered on the jury verdict. Id. at 403.* And, in Dickerson v. New Banner Institute, 460 U.S. 103, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983), the Supreme Court held that an individual is “convicted” under section 922(g) when he enters a plea of guilty and is placed on probation, even without a written adjudication of guilt. Id. at 112-14, 103 S.Ct. at 992. In reaching this conclusion, the Court stated that:

“[a] plea of guilty differs in purpose and effect from a mere admission or an extrajudicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not required; the court has nothing to do but give judgment and sentence.”

¶9Dickerson, 460 U.S. at 113-14, 103 S.Ct. at 992.

¶10While neither Dickerson nor Dougherty controls the issue before this court today, those cases persuade us. We conclude that a jury verdict of guilty constitutes a conviction for the purposes of section 922(g) whether or not the court enters a formal judgment adjudicating the defendant guilty. Because a jury found Faison guilty of the cocaine charges, he was “convicted” of a felony during the time he remained free on bond; so, he was a convicted felon when found in possession of a firearm. Faison’s conviction is AFFIRMED.