Padilla was convicted in state court on drug charges. Later, he was convicted under 18 U.S.C. § 922, the felon-in-possession statute. After his conviction under § 922, he won his collateral attack against his state court conviction (re: the predicate offense for § 922). Must the federal court vacate Padilla's federal conviction?
No. "'A convicted felon [must] challenge the validity of a prior conviction, or otherwise remove his
[firearm] disability, before obtaining a firearm.'” United States v. Padilla, Nos. 02-50636 & 50286 (9th Cir., Nov. 2, 2004) (quoting Lewis v. United States, 445 U.S. 55, 65 (1980)).