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U.S. v. REHLANDER

Nos. 10-1812, 10-1831.

666 F.3d 45 (2012)

UNITED STATES of America, Appellee, v. Nathan REHLANDER, Defendant, Appellant. United States of America, Appellee, v. Benjamin J. Small, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 13, 2012.

Attorney(s) appearing for the Case

Virginia G. Villa , Assistant Federal Defender, Federal Defender Office, for appellants.

Renée M. Bunker , Assistant United States Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

Benjamin Small and Nathan Rehlander were each involuntarily admitted to psychiatric hospitals under Maine's "emergency procedure," Me.Rev.Stat. tit. 34-B, § 3863 (2011), and each was later convicted for possessing firearms after having been "committed to a mental institution." 18 U.S.C. § 922(g)(4) (2006). This court has previously held that a section 3863 hospitalization qualifies as a "commitment" under section 922(g)(4),

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