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Wyo. "Simple Assault, Battery" Conviction Not a Predicate Misdemeanor Domestic Violence Offense

By Shari Allison

United States v. Hays, ___ F.3d ___, No. 07-8039 (10th Cir. May 20, 2008)Conviction under Wyoming ?simple assault, battery? misdemeanor statute is not a misdemeanor crime of domestic violence within the meaning of 18 USC Secs. 922(g)(9) and 924(a)(2), possession of a firearm by a person convicted of misdemeanor domestic violence. The federal offense requires the misdemeanor include the element of the use or attempted use of physical force or the threatened use of a deadly weapon, but the Wyoming statute is broader?includes touching in an insolent manner?under the Taylor categorical approach. The 10th noted that the state presentence report is NOT a document the court can look to under Shepard to determine what Defendant actually was guilty of under the Wyoming statute...continue to full post

Full post as published by Tenth Circuit Blog on May 21, 2008 (boomark / email).