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SMALL v. UNITED STATES

No. 03-750.

544 U.S. 385 (2005)

SMALL v. UNITED STATES

Supreme Court of United States.

Decided April 26, 2005.

Attorney(s) appearing for the Case

Paul D. Boas argued the cause for petitioner. With him on the briefs was Stephen P. Halbrook.

Patricia A. Millett argued the cause for the United States. With her on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and John A. Drennan.

BREYER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and GINSBURG, JJ., joined. THOMAS, J., filed a dissenting opinion, in which SCALIA and KENNEDY, JJ., joined, p. 394. REHNQUIST, C. J., took no part in the decision of the case.

JUSTICE BREYER delivered the opinion of the Court.

The United States Criminal Code makes it

"unlawful for any person . . . who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . . . to . . . possess . . . any firearm." 18 U.S.C. § 922(g)(1) (emphasis added).

The question before us focuses upon the words "convicted in any court." Does this phrase...

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