United States v. Willis (106 F.3d 966, 1997)

STAGG, Senior District Judge:

In this action we address the issue of whether a defendant who pleaded nolo con-tendere in a Florida state court to charges of carrying a concealed firearm and grand theft of a firearm, but whose adjudication of guilt was withheld, is “convicted” of a felony within the meaning of a federal firearm statute. We disagree with the district court’s holding that such a plea constitutes a “conviction” within the meaning of the statute and, therefore, reverse.

I. FACTS AND PROCEDURAL HISTORY

This case presents a question of law which is subject, to de novo review in this court. United States v. Terry, 60 F.3d 1541, 1543 (11th Cir.1995). In March 1995, Thomas Richard Willis (