United States First Circuit

Defendant's conviction for possessing a firearm following a prior conviction of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. sections 922(g)(9) and 924(a) is: 1) affirmed in part, where defendant's 2nd amendment challenge is foreclosed by binding precedent to the contrary; but 2) vacated in part, where the record is insufficiently development on defendant's claim that the commission of simple assault by recklessly causing offensive physical contact does not constitute the "use or attempted use of physical force" as required to qualify as a "misdemeanor crime of domestic violence," and so his prior conviction cannot serve as a valid predicate offense for purposes of section 922(g)(9), so the matter is remanded on that issue.

Appellate Information

• Decided 04/30/2014
• Published 04/30/2014

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel