United States Ninth Circuit
US v. Lenihan, 06-30488
A conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence is affirmed where: 1) applying Supreme Court precedent, defendant failed to show that he did not knowingly and intelligently waive his right to counsel in a domestic violence proceeding, the predicate offense; and 2) the possibility of later being prosecuted if he carried a firearm was a collateral consequence that did not implicate the constitutionality of his waiver.
Appellate Information
- Decided 05/30/2007
- Published 05/30/2007
Judges
- PER CURIAM., Before: HARRY PREGERSON, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Mark D. Meyer, Great Falls, MT, for the defendant-appellant., Joseph E. Thaggard, Assistant United States Attorney, Great Falls, MT, for the plaintiff-appellee.