Arizona Cases February 07, 2022: United States v. Kimble

Case Description

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ORDER

G. Murray Snow Chief United States District Judge

Pending before the Court is Eric Jermaine Kimble's (“Defendant') Motion for Rights to be Restored (Doc. 210) and supplement (Doc. 214). For the reasons below, Defendant's Motion is denied.

Defendant asks that the Court restore his civil rights. The Court cannot do so because the “restoration of civil rights is exclusively a state procedure.” United States v. Geyler , 949 F.2d 280, 281 (9th Cir. 1991); cf. 18 U.S.C. § 921(a)(20). California has limited options for federal prisoners seeking restoration of their rights. Although the right to vote and sit on a jury are restored after the completion of a state or federal sentence, the

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right to possess a firearm or hold public office are not so easily achieved. There does not appear to be a state procedure for individuals with federal convictions to have these rights restored. People v. Norton , 146 Cal.Rptr. 343, 347 (App. Dep't Super Ct. 1978) (“The Legislature has not provided avenues for relief for ex-felons convicted in federal courts or in other state courts.”); see California , Restoration of Rights Project (Jan. 23, 2022), https://ccresourcecenter.org/state-restoration-profiles/california-restoration-of-rights-pardon-expungement-sealing/; Federal , Restoration of Rights Project (Nov. 8, 2021), https://ccresourcecenter.org/state-restoration-profiles/federalrestoration-of-rights-pardon-expungement-sealing/. Moreover, Defendant has not cited-and the Court has not found- any authority for a federal court to restore Defendant's civil rights. Accordingly, his motion is denied.

IT IS HEREBY ORDERED that Defendant's Motion for Rights to be Restored (Doc. 210) and supplement (Doc. 214) are DENIED.

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Notes:

Defendant represents that he has lived in Sacramento, California since 2004. (Doc. 210 at 2.) Although Defendant was convicted in the District of Arizona, Arizona's restoration of rights procedures appear to be expressly limited to Arizona residents. Ariz. Rev. Stat § 13-908(C) (“A person whose civil rights were lost or suspended as a result of a felony conviction in a United States district court and who has received an absolute discharge from imprisonment in a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides .'” (emphasis added)).

The right to vote is restored upon completion of a prison sentence, but the ex-prisoner must re-register. Voting Rights: Persons with a Criminal History , Cal. Sec'y of State, https://www.sos.ca.gov/elections/voting-resources/voting-california/who-can-vote-california/voting-rights-californians (last visited Feb. 4, 2022). The right to sit on a jury is restored upon completion of the prison term and any term of supervised release. Cal. Civil Code § 203(a)(9), (10); Erik Ortiz, Most Former Felons in California Are Now Eligible for a New Role: Jury Duty , NBC News (Jan. 1, 2020, 2:33 AM), https://www.nbcnews.com/news/us-news/most-former-felons-california-are-now-eligible-new-role-jury-n1108726.

If Defendant would like to explore other avenues for relief, he should consult an attorney.

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