United States Ninth Circuit

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.

Appellate Information

• Argued 04/08/2005
• Decided 12/29/2006
• Published 12/29/2006

Judges

• PER CURIAM., Before HARRY PREGERSON,WARDLAW, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• 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.