United States v. Fischer

MURPHY, Circuit Judge.

Delroy Fischer was charged with possession of a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9). Fischer pled guilty but reserved the right to appeal a decision of the district court1 to deny his motion to dismiss the indictment. We affirm.

In January 2006, Fischer was charged in Nebraska state court with third degree domestic assault under Neb.Rev.Stat. § 28-323. The arrest warrant and supporting affidavit alleged that Fischer had yelled at, struck, and bit the nose of his former girlfriend, who was…