Dist.Ct. did not err in denying defendant’s motion to vacate his guilty plea on charge of felon in possession of firearm, even though predicate felony used to support said conviction, i.e., Ill. aggravated use of weapon had been found to be unconstitutional ab initio. Under Lee, 72 F.3d 55, instant state-court conviction could still be used as predicate felony, since defendant had not moved to vacate said conviction by time he committed instant offense. As such, govt. proved all elements of instant offense, because at time it was committed, defendant had prior felony conviction on his record, and, as Supreme Ct. noted in Lewis, 445 U.S. 55, there is no exception for individuals whose outstanding felony convictions ultimately might turn out to be invalid for any reason.
