United States Fourth Circuit

District court's conviction of defendant for being in possession of a firearm after having been convicted of a misdemeanor crime of domestic violence is reversed and the sentence vacated as defendant's predicate conviction under Virginia law cannot be considered a misdemeanor crime of domestic violence as defined in 18 U.S.C. section 921(a)(33)(A).

Appellate Information

• Argued 01/27/2010
• Decided 06/01/2010
• Published 06/01/2010

Judges

• Before TRAXLER, Chief Judge, AGEE, Circuit Judge, and Catherine C. BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Eric Hans Kirchman, Kirchman & Kirchman, Washington, D.C., for Appellant. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF:Kenneth M. Robinson, Washington, D.C., for Appellant. Dana J. Boente, United States Attorney, Alexandria, Virginia, Kevin C. Nunnally, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.