Legal Opinion

United States v. Booker

District Court, D. Maine

Decided August 11, 2008No. CR-08-19-B-WPublishedCited by 23 opinions

1Opinion of the Court

ORDER ON DEFENDANT’S MOTION TO RECONSIDER ORDER DENYING MOTION TO DISMISS INDICTMENT AS THE STATUTE CHARGED VIOLATED THE SECOND AMENDMENT

JOHN A. WOODCOCK, JR., District Judge.

After the Supreme Court’s decision in District of Columbia v. Heller, the Court concludes that the law prohibiting persons who have been convicted of a misdemeanor crime of domestic violence survives Second Amendment scrutiny. 1

I. STATEMENT OF FACTS

On January 16, 2008, a federal grand jury indicted Russell E. Booker for two counts of possession of a firearm by a person previously convicted of a misdemeanor crime of…

2Cases cited7 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. District of Columbia v. HellerSupreme Court of the United States · 2008
  3. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  4. Kadrmas v. Dickinson Public SchoolsSupreme Court of the United States · 1988
  5. United States v. NasonCourt of Appeals for the First Circuit · 2001

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3Cited by23 opinions

  1. United States v. RehlanderCourt of Appeals for the First Circuit · 2012
  2. People v. YarbroughCalifornia Court of Appeal · 2008
  3. United States v. SkoienCourt of Appeals for the Seventh Circuit · 2009
  4. State v. SieyesWashington Supreme Court · 2010
  5. United States v. EngstrumDistrict Court, D. Utah · 2009

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