United States v. Fischer, No. 10-3164 (8th Cir. 2011)
Annotate this CaseIn 2006, defendant was charged in Nebraska state court with third degree domestic assault and two years later, defendant was charged with possession of a firearm after conviction for a misdemeanor crime of domestic violence under 18 U.S.C. 922(g)(9). At issue was whether the district court properly dismissed defendant's indictment, which argued that his Nebraska conviction was not a "misdemeanor crime of domestic violence" as defined in 18 U.S.C. 921(a)(33)(A) because it did not have "as an element, the use or attempted use of physical force." The court held that because defendant's state court conviction satisfied the force requirement and there was no question that he had a domestic relationship with the victim, that conviction served as a predicate misdemeanor crime of domestic violence for criminal liability under 18 U.S.C. 922(g)(9). Accordingly, the court held that the district court did not err in denying defendant's motion to dismiss and affirmed its judgment.
Court Description: Criminal case - Criminal case. District court did not err in finding defendant's Nebraska conviction was a misdemeanor crime of domestic violence for the purposes of 18 U.S.C. Sec. 921(a)(33)(A) and could serve as the basis for conviction of possession of a firearm after conviction for a misdemeanor crime of domestic violence. Judge Colloton, concurring.
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