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United States v. Pauler 857 F.3d 1073 (10th Cir. May 23, 2017)

May 23, 2017

The defendant was convicted of violating 18 U.S.C. § 922(g)(9) by possessing a firearm after having previously been convicted of a misdemeanor crime for domestic violence.  The Tenth Circuit held that a misdemeanor violation of a municipal ordinance did not qualify as a “misdemeanor under… State… law” for the purposes of applying the statute, and accordingly reversed and instructed the district court to vacate the defendant’s conviction and sentence and to dismiss the indictment.