US v. Nobriga, 04-10169
Denial of defendant's motion to dismiss an indictment against him for possessing a firearm after having been previously convicted of a -misdemeanor crime of domestic violence,- is reversed where his predicate conviction for Abuse of a Family or Household Member did not involve the -violent use of force,- as required under 18 U.S.C. 921(a)(33)(A)(ii), as nothing in the record established that defendant acted with anything other than recklessness.
- Argued 04/08/2005
- Submitted 12/29/2006
- Decided 12/29/2006
- Published 12/29/2006
PER CURIAM., Before HARRY PREGERSON,WARDLAW, and BERZON, Circuit Judges.
United States Ninth Circuit
De Anna S. Dotson, Kapolei, HI, for the defendant-appellant., Edward H. Kubo, Jr., United States Attorney, and Wes Reber Porter, Assistant United States Attorney, District of Hawaii, Honolulu, HI, for the plaintiff-appellee.