United States v. Vinson

Defendant was charged with possession of a firearm by a prohibited person. On appeal, the government challenged the district court's grant of defendant's motion to dismiss the indictment. The district court concluded that defendant was not a prohibited person because the state statute at issue did not, as a categorical matter, qualify as a misdemeanor crime of domestic violence (MCDV). The court agreed with the government that the analytical approach referred to as the “modified categorical approach” applies to this case and establishes that defendant was convicted of a qualifying misdemeanor crime of domestic violence. In this case, because the offense is divisible, the modified categorical approach is applicable. The relevant charging document establishes that defendant was convicted of the completed-battery form of assault under North Carolina law, and the crime of assault by completed battery categorically qualifies as an MCDV. Accordingly, the court vacated and remanded. View "United States v. Vinson" on Justia Law