No. 04-10169.

474 F.3d 561 (2006)

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

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 3, 2006.

Resubmitted and Filed December 29, 2006.

Attorney(s) appearing for the Case

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

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

Before HARRY PREGERSON, WARDLAW, and BERZON, Circuit Judges.


Fred Nobriga appeals the district court's denial of his motion to dismiss the indictment. The indictment charged 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). We reverse the district court's denial of Nobriga's motion to dismiss.



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