U.S. v. HAYES

No. 06-4087.

482 F.3d 749 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Randy Edward HAYES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 16, 2007.


Attorney(s) appearing for the Case

ARGUED: Troy Nino Giatras, Charleston, West Virginia, for Appellant. Shawn Angus Morgan, Assistant United States Attorney, Office of the United States Attorney, Clarksburg, West Virginia, for Appellee.

ON BRIEF: Rita R. Valdrini, Acting United States Attorney, Clarksburg, West Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.


Reversed and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge MICHAEL joined. Judge WILLIAMS wrote a dissenting opinion.

KING, Circuit Judge.

Randy Edward Hayes appeals from the district court's denial of his motion to dismiss an indictment charging him with three counts of possessing firearms after having been convicted of the predicate offense of a "misdemeanor crime of domestic violence" (an "MCDV"), in violation of 18...

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