United States v. Fischer

I see no material distinction between this case and United States v. Amerson, 599 F.3d 854 (8th Cir.2010) (per curiam), and I therefore agree that this panel must affirm Delroy Fischer’s conviction based on circuit precedent. Amerson is probably wrong, however, and Fischer is likely entitled to dismissal of the indictment under the governing statutes.

To prosecute Fischer for a violation of 18 U.S.C. § 922(g)(9), the government must show that he was previously convicted of a “misdemeanor crime of domestic violence.” This crime is defined as an offense that, among other characteristics, “has,…