United States Tenth Circuit

A conviction for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence is reversed where: 1) in the context at hand, the Wyoming battery statute does not satisfy the "use of physical force" element of the applicable federal statutory definition of a misdemeanor crime of domestic violence; and 2) thus, the underlying conviction pursuant to the Wyoming statute did not support his conviction.

Appellate Information

• Decided 05/20/2008
• Published 05/20/2008

Judges

• SEYMOUR, Circuit Judge., Before McCONNELL, SEYMOUR, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David E. Johnson, Research and Writing Specialist, Office of the Federal Public Defender, Denver, CO, (Raymond P. Moore, Federal Public Defender, and Robert R. Rogers, Assistant Federal Public Defender, Cheyenne, WY;  and Vicki-Mandell-King, Assistant Federal Public Defender, Denver, CO, with him on the briefs), for Defendant-Appellant., David A. Kubichek, Assistant United States Attorney (John R. Green, Acting United States Attorney, District of Wyoming, with him on the briefs), Casper, WY, for Plaintiff-Appellee.