United States Ninth Circuit

In the context of due process and 18 U.S.C. section 922(g)(8)(A), a federal criminal law which prohibits an individual from possessing a firearm if he is the subject of a domestic violence restraining order after a hearing, actual notice, an opportunity to participate therein: 1) the statutory term "hearing" refers to a proceeding of which the defendant has actual notice and an opportunity to participate; 2) "actual notice" requires only notice of the fact of the hearing, and not the content of the hearing; and 3) the "opportunity to participate" requirement is a minimal one under the plain text of the statute, and actual participation is not required.

Appellate Information

• Argued 03/08/2006
• Decided 08/17/2006
• Published 08/17/2006

Judges

• O'SCANNLAIN, Circuit Judge:, Before: O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• K. Jill Bolton, Assistant United States Attorney, Spokane, WA, argued the cause for the appellant.  James A. McDevitt, United States Attorney, was on the briefs.


• For Appellees:
  
• Rebecca L. Pennell, Federal Defender, Yakima, WA, argued the cause and was on the brief for the appellee.