United States v. Long, No. 16-3397 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to dismiss his conviction of being a prohibited person in possession of a firearm. The court agreed with the Ninth Circuit that the phrase "right to counsel" in 18 U.S.C. 921(a)(33)(B)(i)(I) refers to the right to counsel "as it existed in the predicate misdemeanor proceeding." In this case, defendant presented no evidence that his counsel at the tribal-court proceeding was not admitted to practice as lay counsel in the tribal court. Because lay counsel are admitted to practice before the tribal court, defendant was represented by counsel in the tribal-court proceeding within the meaning of section 921(a)(33)(B), and his conviction there thus constituted a valid predicate offense under section 922(g)(9). The court also held that the district court did not abuse its discretion in denying defendant's motions for a mistrial and for a new trial based on Brady v. Maryland, because information at issue was not exculpatory and, even if it was, defendant suffered no prejudice.
Court Description: Wollman, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law. Because lay counsel are permitted to practice before the tribal court, the district court did not err in concluding Long's representation by retained lay counsel in the tribal-court proceeding meant Long was represented by counsel within the meaning of 18 U.S.C. Sec. 921(a)(33)(B); his conviction there thus constituted a valid predicate offense under 18 U.S.C. Sec. 922(g)(9); Brady claim rejected. Judge Colloton, concurring in part and dissenting in part.
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