United States v. Gabriel A. Nabejar

1The Honorable Linda R. Reade, Chief United States District Judge for the
Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-2381
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Dana Reth, *
* [UNPUBLISHED]
Appellant. *
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Submitted: December 11, 2007
Filed: December 19, 2007
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Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.
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PER CURIAM.
Dana Reth was indicted in the Northern District of Iowa on a charge of
possession of a firearm as a felon in violation of 18 U.S.C. § 922(g)(1). He moved to
dismiss the charge on the ground that he was not a "convicted" felon on the date he
possessed the firearms in question because he had received a deferred judgment from
the state on the predicate felony offense. The district court 1 denied the motion to

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dismiss, finding under Iowa law the deferred judgment did count as a conviction for
purposes of § 922(g)(1).
Reth entered a conditional plea of guilty, and was sentenced to fifteen months
of imprisonment. Reth appeals, renewing his claim that his deferred judgment was not
a "conviction" sufficient to disable his right to possess firearms under Iowa law. He
requested we certify the question to the Iowa Supreme Court. After careful de novo
review, we conclude denial was proper for the reasons stated in the well-reasoned
opinion of the district court. Accordingly, we decline certification and affirm the
decision of the district court. See 8th Cir. R. 47B.
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