United States Tenth Circuit

In a prosecution for possessing a firearm while having been previously convicted of a misdemeanor crime of domestic violence, the denial of defendant's motion to dismiss the indictment on Second Amendment grounds is affirmed where all the material facts on which defendant's motion to dismiss relied were outside the indictment, hotly disputed by the government, and intimately bound up in the question of defendant's guilt or innocence.

Appellate Information

• Decided 07/23/2010
• Published 07/23/2010

Judges

• Neil Gorsuch

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Parker Douglas, Elizabeth D. Collery