922(g)(9) see Treasury Department, Postal Ser vice, and General Government Appropriations Act, 1997, Pub.
In 1996, Congress expanded that prohibition to include persons who have been convicted in any court of a "misdemeanor crime of domestic violence." 18 U.S.C. Under federal firearms laws, it is unlawful for certain persons, including any person who has been con victed of a felony in any court, " possess in or affect ing commerce, any firearm or ammunition." 18 U.S.C. The court of appeals reversed, holding that the indictment must be dismissed because it failed to allege that respondent's state misde meanor battery conviction was based on an offense that has, as an element, a domestic relationship between the offender and the victim.
He was sentenced to five years of probation, including six months of home deten tion with electronic monitoring. App., infra, 1a-2a.įollowing a conditional guilty plea, respondent was convicted in the United States District Court for the Northern District of West Virginia of possession of a firearm after having previously been convicted of a mis demeanor crime of domestic violence, in violation of 18 U.S.C. The relevant statutory provisions are reproduced in the appendix to this brief. The jurisdiction of this Court rests on 28 U.S.C. The petition for a writ of certiorari was granted on March 24, 2008. On October 9, 2007, the Chief Justice extended the time within which to file a petition for a writ of certiorari to and including Novem ber 7, 2007, and the petition was filed on that date. A petition for rehearing was denied on J(Pet. The judgment of the court of appeals was entered on April 16, 2007. The order of the district court denying respondent's motion to dismiss the indict ment (Pet. The opinion of the court of appeals (Pet. V 2005), an offense must have as an element a domestic relationship between the offender and the victim. The question presented is whether, to qualify as a "mis demeanor crime of domestic violence" under 18 U.S.C. Section 922(g)(9) of Title 18, United States Code, makes it a crime for any person convicted of a "misde meanor crime of domestic violence" to possess a firearm. In the Supreme Court of the United States
0 kommentar(er)
