Alabama man pleads guilty to a state Class D felony and receives a 24-month suspended sentence and is placed on probation for two years. Six months after completing his sentence, he's found with a gun. Oops. He is charged and convicted under the federal felon-in-possession statute. Eleventh Circuit: Well, well, well! Despite being ubiquitously called the "felon-in-possession" statute, the word "felon" doesn't appear in the law. Instead, it applies only to people convicted of crimes punishable by more than a year in prison. And under Alabama law this guy could not have received a sentence of more than a year in prison. He may be a felon, but he's free to go. Conviction vacated.
The defendant was represented by the Office of the Federal Public Defender.
The case is U.S. v. Gaines, case number 24-10117 (11th Cir. Sept. 10, 2025).
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