U.S. v. BOOKER

Nos. 09-1810, 09-2302.

644 F.3d 12 (2011)

UNITED STATES of America, Appellee, v. Russell E. BOOKER, Defendant, Appellant. United States of America, Appellee, v. Michael Wyman, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 2, 2011.


Attorney(s) appearing for the Case

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

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

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

Appellants Russell Booker and Michael Wyman were convicted under 18 U.S.C. § 922(g)(9), a law that prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing, shipping, or receiving firearms. The appellants' convictions under § 922(g)(9) each rested on a prior misdemeanor offense under Maine's simple assault statute. In this consolidated appeal, the appellants press two primary arguments. First, they...

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