United States First Circuit

Dismissal of criminal conviction for possession of a weapon by someone convicted of a domestic violence misdemeanor is reversed where the validity of a waiver of jury trial for purposes of 18 U.S.C. section 921(a)(33)(B)(i)(II)(bb) is to be evaluated under the federal constitutional standard and defendant validly waived that right. Affirmed as to all other points.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William S. Harwood, Valerie A. Wright, Verrill Dana, LLP, Dennis Henigan, Elizabeth Haile, and Brady Center to Prevent Gun Violence on brief for Brady Center to Prevent Gun Violence, Southern Maine Chapter of Million Mom March, Maine Citizens Against Handgun Violence, Maine Coalition to End Domestic Violence, National Council of Women's Organizations, Chief Mathew Baker, Chief Timothy Burton, Sheriff Mark Dion, Chief Edward Googins, Chief William Welch, and Chief Don Winslow, amici curiae.


• For Appellees:
  
• F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant/cross-appellee., John Paul DeGrinney, with whom DeGrinney Law Offices was on brief, for appellee/cross-appellant.