United States v. Horse Looking

ORDER DENYING MOTION TO DISMISS INDICTMENT

ROBERTO A. LANGE, District Judge.

Federal law prohibits the possession of a firearm by a person “who has been convicted ... of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Defendant Cody James Horse Looking pleaded guilty in state court to the simple assault of his wife. He was later indicted by a federal grand jury for violating § 922(g)(9). Horse Looking has moved to dismiss his indictment, arguing first that his simple assault conviction does not qualify as a misdemeanor crime of domestic violence because his conviction did not…