Interesting cert petition set for conference
It's Mann v. United States, set to be considered on Dec. 4. It concerns an issue of which I was unaware.
Under Federal law, a conviction is not a bar to gun possession if the conviction has been expunged, set aside, or if the defendant has had civil rights restored. Most States have fairly liberal provisions for restoring civil rights after a State conviction. But the Federal government has (almost) none -- civil rights, in the sense of rights to vote and hold office and serve on juries, are largely settled by the States, even in a Federal election. So the Feds leave those rights to the States. But the Supreme Court has held that, after a Federal conviction, a restoration of civil rights by a State does not restore Federal firearm rights. So a person convicted of a Federal offense is out of luck. Absent a change in law, neither Federal nor State courts can restore his gun rights.
But, reading the petition for cert., a number of Federal Circuits have ruled that a Federal trial court has the power to expunge the conviction. It's nowhere in statute, but they hold court have this as an inherent power. The Ninth Circuit (which is my location) ruled that a district court cannot exercise this power based on the defendant's rehabilitation, otherwise good character, etc.. Mann thus petitions the Court to resolve the split.
Hat tip to Sarah Sixgun...