Free Motion to Strike - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1722

Filed 03/27/2006

Page 1 of 1

(Docket #1633 at 3). In support of that factor, the NOI refers to "Criminal Case No. CR99-00018" in which William pled guilty to three charges brought in the United States District Court for the Northern Mariana Islands. (Id.) In that case, William waived his right to an indictment and pled guilty to three counts of an information, which charged violations of 18 U.S.C. §§ 1203, 922(g) and 924(h), respectively. 2. Criminal Case No. CR99-0018 has been addressed in part in Wm DP-27. There, William he moved to strike his guilty plea to § 924(h) as a basis for the alleged statutory aggravating factor on the grounds that the charge, as pled in Count Three of the information, failed to state a federal offense. William incorporates herein by reference his arguments advanced in Wm DP-27. 3. By this motion, William also challenges the use of his guilty plea to Count Two of the same information for similar reasons. 4. Count Two of the information alleged violation of 18 U.S.C. § 922(g)(1), which prohibits a person " who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year . . . to possess in or affecting commerce, any firearm . . .." (emphasis added). The prior convictions relied upon was obtained in the Commonwealth of the Northern Mariana Islands ("CNMI") Superior Court for violations of the CNMI criminal code.
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