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U.S. v. NOBRIGA

No. 04-10169.

408 F.3d 1178 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Fred NOBRIGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2005.

Attorney(s) appearing for the Case

De Anna S. Dotson, Kapolei, Hawaii, for the defendant-appellant.

Edward H. Kubo, Jr., United States Attorney, and Wes Reber Porter, Assistant United States Attorney, District of Hawaii, Honolulu, Hawaii, for the plaintiff-appellee.

Before: WARDLAW and BERZON, Circuit Judges, and FITZGERALD, District Judge.

PER CURIAM.

Fred Nobriga appeals the district court's denial of his motion to dismiss the indictment charging him with violating 18 U.S.C. § 922(g)(9) by possessing a firearm after having been previously convicted of a "misdemeanor crime of domestic violence," as defined by 18 U.S.C. § 921(a)(33)(A)(ii). Nobriga also argues that his sentence violates the Sixth Amendment in light of United States v. Booker,<...

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