United States v. Cavanaugh

MELLOY, Circuit Judge.

Roman Cavanaugh, Jr., was charged for the offense of domestic assault by a habitual offender, 18 U.S.C. § 117. As elements of the offense, the government must prove Cavanaugh received “a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings” for certain abuse offenses. Id. § 117(a). Below, the district court dismissed the indictment because, although Cavanaugh had received prior misdemean- or abuse convictions in tribal court on three separate occasions, Cavanaugh had not received the benefit of appointed counsel in…