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U.S. v. BRAILEY

No. 04-30083.

408 F.3d 609 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James David BRAILEY, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2005.

Attorney(s) appearing for the Case

Peggy Sue Juergens, Seattle, WA, for the defendant-appellant.

John J. Lulejian and Andrew R. Hamilton, Assistant United States Attorneys, Seattle, WA, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, GRABER, and FISHER, Circuit Judges.

SCHROEDER, Chief Judge:

James David Brailey appeals his conditional guilty plea conviction for being a prohibited person in possession of a firearm in violation of 18 U.S.C. § 922(g)(9). Brailey stands convicted of a misdemeanor crime of domestic violence that would qualify him as a prohibited person. He nevertheless maintains he comes within the federal statute's exception for persons convicted of misdemeanors who have had their "civil rights restored." See...

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