United States Ninth Circuit

Conviction and sentencing of defendant for possession of a firearm while under a domestic restraining order, 18 U.S.C. section 922(g)(8), is reversed where district court erred in: 1) judgment that a no-contact order which by its explicit terms fails to prohibit the use, attempted use, or threatened use of physical force against an intimate partner can support and section 922(g)(8) conviction; and 2) instructions to jury.

Appellate Information

• Decided 05/05/2011
• Published 05/05/2011

Judges

• CONTI

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott M. McNamara, Angela W. Woolridge