Wyoming conviction for misdemeanor battery is not necessarily conviction for crime of violence as contemplated by federal firearm possession statute

STATUTORY CONSTRUCTION United States v. Hays, No. 07-8039, ___ F.3d ___ (10th Cir. May 20, 2008)(Wyoming). Appeal of conviction for possession of firearm after conviction of misdemeanor crime of domestic violence in violation of 18 U.S.C. §§ 922(g)(9) and 924(a)(2). HELD: Defendant’s conviction for possession of firearm after having been convicted of misdemeanor crime of domestic violence is reversed. Because Wyoming battery statute proscribes “rude, insolent or angry touching,” it does not categorically satisfy definition of “misdemeanor crime of domestic violence” found in 18 U.S.C. 921(a)(33)(A) because it embraces conduct that does not include use or attempted use of physical force. Wyoming’s misdemeanor assault and battery statute, therefore, does not satisfy “use of physical force” element of 18 U.S.C. 921(a)(33)(A)(ii)’s definition of misdemeanor crime of domestic violence. Read the opinion here.