United States Ninth Circuit

The dismissal of an indictment charging defendant as a misdemeanant in possession of a firearm in violation of 18 U.S.C. section 922(g)(9), is reversed and remanded, where: 1) a misdemeanor conviction obtained in tribal court may qualify as a predicate offense to a section 922(g)(9) prosecution so long as the defendant was provided whatever right to counsel existed in the underlying misdemeanor proceeding; 2) here, defendant was not denied his right to counsel as it existed in the tribal court misdemeanor proceeding; and 3) this result does not violate the Sixth Amendment, the Due Process Clause of the Fifth Amendment, or the Equal Protection Clause of the Fourteenth Amendment.

Appellate Information

• Decided 10/01/2013
• Published 10/01/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel