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U.S. v. HAYS

No. 07-8039.

526 F.3d 674 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Daniel HAYS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 20, 2008.

Attorney(s) appearing for the Case

David E. Johnson, Research and Writing Specialist, Office of the Federal Public Defender, Denver, CO, (Raymond P. Moore, Federal Public Defender, and Robert R. Rogers, Assistant Federal Public Defender, Cheyenne, WY; and Vicki-Mandell-King, Assistant Federal Public Defender, Denver, CO, with him on the briefs), for Defendant-Appellant.

David A. Kubichek, Assistant United States Attorney (John R. Green, Acting United States Attorney, District of Wyoming, with him on the briefs), Casper, WY, for Plaintiff-Appellee.

Before McCONNELL, SEYMOUR, and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

On September 22, 2006, Steven Daniel Hays was indicted under 18 U.S.C. §§ 922(g)(9) and 924(a)(2) for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence. His prosecution was predicated on a prior conviction under Wyoming's "simple assault; battery" statute. WYO. STAT. ANN. § 6-2-501(b). Mr. Hays filed a motion to dismiss the indictment, contending that the underlying conviction was...

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