U.S. v. FRECHETTE

Nos. 05-2065, 05-2129.

456 F.3d 1 (2006)

UNITED STATES of America, Appellant/Cross-Appellee, v. John FRECHETTE, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided August 2, 2006.


Attorney(s) appearing for the Case

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant/cross-appellee.

John Paul DeGrinney, with whom DeGrinney Law Offices was on brief, for appellee/cross-appellant.

William S. Harwood, Valerie A. Wright, Verrill Dana, LLP, Dennis Henigan, Elizabeth Haile, and Brady Center to Prevent Gun Violence on brief for Brady Center to Prevent Gun Violence, Southern Maine Chapter of Million Mom March, Maine Citizens Against Handgun Violence, Maine Coalition to End Domestic Violence, National Council of Women's Organizations, Chief Mathew Baker, Chief Timothy Burton, Sheriff Mark Dion, Chief Edward Googins, Chief William Welch, and Chief Don Winslow, amici curiae.

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


LYNCH, Circuit Judge.

On October 16, 1996, John Frechette was convicted in state court in Lewiston, Maine, after pleading no contest to a charge that he had assaulted his then live-in girlfriend. This offense was a misdemeanor, see Me.Rev.Stat. Ann. tit. 17-A, § 207, and Frechette was sentenced to a jail term of thirty days, which was immediately suspended, and to a one-year term of probation.

In 1996 Congress passed, as part of the Omnibus Consolidated...

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