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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.
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