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U.S. v. STATEN

No. 10-5318.

666 F.3d 154 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Mark A. STATEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2011.

Attorney(s) appearing for the Case

ARGUED: Christian M. Capece , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Elizabeth Dorsey Collery , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, Lisa G. Johnston , Assistant United States Attorney, Office of the United States Attorney, Huntington, West Virginia; Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge AGEE and Judge WYNN joined.

OPINION

HAMILTON, Senior Circuit Judge:

Section 922(g)(9) of Title 18 of the United States Code prohibits a person who has been convicted of a misdemeanor crime of domestic violence from possessing, shipping, or receiving a firearm in or affecting interstate commerce. 18 U.S.C. § 922(g)(9). The sole issue on appeal is whether Mark Staten's conviction on one count of violating § 922(g)(9) survives his as-applied constitutional challenge under the...

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