Huey Newton's attempt to have a 1978 state conviction for possessing a concealable firearm overturned was rejected by the U.S. 9th Circuit Court of Appeals. Newton, a co-founder of the now-defunct Black Panther Party, can appeal the decision to the U.S. Supreme Court. However, he could possibly be jailed by Alameda County authorities pending that action. Newton was sentenced to two years in jail for the 1978 conviction, but remained free on bail during the appeal process. Newton contended that the Alameda County Superior Court, in convicting him, failed to exclude from consideration his 1964 felony conviction for assault with a deadly weapon. The appellate court, however, ruled that Newton "has failed to show arbitrary action or fundamental unfairness constituting a deprivation of due process under the 14th Amendment."