GOLDBERG, Circuit Judge: On September 26, 1950 defendant-appellee Pasquale Matassini was convicted in the Criminal Court of Record of Hillsborough County, Florida of the offense of breaking and entering. He was sentenced to serve three years in the state prison. On June 22, 1955 the governor and cabinet of Florida pursuant to their authority under the state constitution granted Matassini ""a full and complete pardon of the above offense, thereby restoring to him full and complete civil rights."" Twenty-one years later, on May 12, 1976, Matassini was indicted by a federal grand jury for receipt, 18 U.S.C. § 922(h)(1),1 and for possession, 18 U.S.C. App. § 1202(a)(1),2 of a firearm by a convicted felon. Defendant-appellee Robert E. Rodriguez was charged in the same indictment with aiding and abetting Matassini in the receipt offense in violation of 18 U.S.C. §§ 2(a) and 922(h). In his pre-trial motion to dismiss the indictment and now on appeal, Matassini contends that his ""full and complete pardon"" established an absolute defense to the offenses charged. The government does not dispute that the pardon was granted but contends that the pardon is insufficient as a matter of law to remove Matassini from the proscription of §§ 922(h)(1) and 1202(a)(1). In particular, the government argues that the pardon does not remove Matassini from the class of convicted felons reached by these provisions, that the exclusive avenues of relief from those proscriptions are those provided by the statute, 18 U.S.C. §§ 925(c)3 and 1203(2),4 and that Matassini fails to come within the purview of those exemptions. In an order dated August 18, 1976, the District Court for the Middle District of Florida, Tampa Division, dismissed the indictment as to both defendants. The government appeals, pursuant to 18 U.S.C. § 3731. We affirm the district court's dismissal of the indictment and hold that ""full and complete"" Florida pardons granted prior to the enactment of the Omnibus Crime Control and Safe Streets Act of 1968 exempt recipients from criminal liability under §§ 922(h) and 1202(a). As defendant Rodriguez is charged only with aiding and abetting, the dismissal as to Matassini necessarily disposes of the indictment as to Rodriguez.
