Victor Darnell Berry v. United States
JusticiabilityDoctri
Whether a conviction set aside precludes a felon in possession of a firearm charge and whether a defendant can testify about their understanding of a statute of conviction
QUESTIONS PRESENTED I. Where a conviction that is the basis for a felon in possession of a firearm charge has been set aside at the time of sentencing, does the statutory directive that a conviction that has been set aside “shall not be considered a conviction” preclude conviction on the charge? I. Where a conviction of felon in possession of a firearm requires proof that the defendant knew he had been convicted of a crime punishable by a term of imprisonment exceeding one year, does the right to present a defense, including the defendant’s right to testify, include the right to testify to the defendant’s understanding of a statute of conviction that contemplates setting aside the conviction, even if that understanding is mistaken? i