UNITED STATES v. DOTY (2018)

MEMORANDUM **

Defendant-Appellant Joshua Doty appeals from his conviction under 18 U.S.C. § 922(g)(9), arguing that his previous state court conviction for battery constituting domestic violence under Nevada law does not qualify as a predicate offense under 18 U.S.C. § 921(a)(33)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Doty’s entire argument on appeal is premised on the proposition that he was convicted under section 33.018 of the Nevada Revised Statutes, which is in a civil portion of that code. We disagree. Both Nevada statutes and Nevada case law make clear that section 200.485 of the Nevada Revised Statutes, which is in a criminal portion of that code and which is titled “Battery which constitutes domestic violence,” is the statute under which Doty was previously convicted. See, e.g., English v. State, 116 Nev. 828, 9 P.3d 60, 64 (2000) (“The definition and penalties for battery constituting domestic violence is [sic] codified at [Nevada Revised Statute §] 200.485 which took effect on January 1, 1998.”).

Doty has waived any argument as to whether section 200.485 is a categorical match to the federal definition of misdemeanor domestic violence contained in 18 U.S.C. § 921(a)(33)(A). See Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912, 919 (9th Cir. 2001) (“[I]ssues which are not specifically and distinctly argued and raised in a party’s opening brief are waived.”). We therefore do not reach that issue.

AFFIRMED.