Wednesday, April 25, 2007

18 U.S.C. section 921(a)(33)(A)

US v. Hayes, No. 06-4087
Conviction based on conditional guilty plea to one count of three-count indictment for possessing firearms, after having been convicted of the predicate offense of a "misdemeanor crime of domestic violence," is reversed as the predicate offense was not an MCDV as defined in 18 U.S.C. section 921(a)(33)(A), and thus the charges in the indictment fail as a matter of law.

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