United States v. Barnes, John

295 F.3d 1354, 353 U.S. App. D.C. 87, 2002 U.S. App. LEXIS 14726, 2002 WL 1609994
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 23, 2002
Docket01-3048
StatusPublished
Cited by87 cases

This text of 295 F.3d 1354 (United States v. Barnes, John) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Barnes, John, 295 F.3d 1354, 353 U.S. App. D.C. 87, 2002 U.S. App. LEXIS 14726, 2002 WL 1609994 (D.C. Cir. 2002).

Opinions

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Dissenting opinion filed by Circuit Judge SENTELLE.

KAREN LeCRAFT HENDERSON, Circuit Judge:

John D. Barnes (Barnes) appeals his conviction under 18 U.S.C. § 922(g)(9), which makes it unlawful for a person convicted of a “misdemeanor crime of domestic violence” to possess firearms or ammunition. Barnes challenges whether his 1998 assault conviction under D.C.Code § 22-504(a) constitutes a “misdemeanor crime of domestic violence” as defined in 18 U.S.C. § 921(a)(33)(A) because section 22-504(a) does not include as an express element of the offense any relationship between the offender and the victim. Our sister circuits that have addressed this question have rejected Barnes’s reading of section 921(a)(33)(A). It is an issue of first impression for us. Barnes also raises several constitutional challenges to his firearms conviction. While section 921(a)(33)(A) is not a paradigm of precise draftsmanship, we nonetheless join the other circuits in concluding that section 921(a)(33)(A) does not require the predi[1357]*1357cate “misdemeanor crime of domestic violence” to contain as an express element a relationship between the offender and his victim.

I.

On August 5, 1997 Barnes was charged in D.C. Superior Court with assault under D.C.Code § 22-504(a).1 The charging information alleged that on or about July 21, 1997 Barnes unlawfully assaulted Keisha Ellis, who, Barnes ultimately acknowledged, is his son’s mother. See Charging Information in No. M-11747-97; January 14, 1998 Transcript in No. M-11747-97 at 16. After pleading guilty to the charge, Barnes was sentenced to a prison term of 180 days, execution of which was suspended on the condition of a one-year period of probation. The judgment and commitment/probation order required Barnes to observe standard conditions of probation and, in particular, to enroll in and complete the local court’s domestic violence intervention program. See May 5, 1998 Judgment and Commitment Order at 1.

On August 17, 2000 an officer of the Metropolitan Police Department observed a vehicle being driven by Barnes. A paper trash bag obscured the right rear vent window. See 8/22/00 Tr. at 6. Believing that the car was stolen, the officer made a traffic stop and ran a search on Barnes’s driver’s license. The search revealed that he did not have a valid license. Upon placing Barnes under arrest for driving without a permit, the police officer conducted a search and discovered that Barnes had two .45 caliber bullets in his left pocket. See 8/22/00 Tr. 6-7. Another officer, who arrived at the scene before Barnes’s arrest, searched the car and found a loaded and operable Sig Sauer .45 caliber pistol underneath the driver’s seat. After a records check revealed that Barnes had been convicted of assault under D.C.Code § 22-504(a), see D.C. Superior Court Case No. M-11747-97, Barnes was charged with the unlawful and knowing receipt and possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(9). See Information in Cr. No. 00-295. On October 6, 2001 pursuant to a plea agreement, Barnes entered a conditional guilty plea to the one-count criminal information'. In accordance with Fed. R.Crim.P. 11(a)(2), his plea agreement explicitly reserved his right to challenge whether his May 5, 1998 assault conviction constituted a “misdemeanor crime of domestic violence” as defined in 18 U.S.C. § 921(a)(33)(A). Plea Agreement in United States v. Barnes, Cr. No. 00-0295 at 2.

On February 1, 2001 Barnes filed a brief in district court, raising the statutory claim explicitly reserved in his plea agreement, see February 1, 2001 Defendant’s Memorandum of Law (App. 20-58), along with an unopposed motion to supplement that claim with several constitutional arguments. See February 1, 2001 Defendant’s Unopposed Motion to Supplement (App. 16-19). Barnes maintained that his assault conviction under D.C.Code § 22-504(a), which “does not include the relational element set forth in 18 U.S.C. § 921(a)(33)(A),” does not qualify as a “misdemeanor crime of domestic violence” under section 922(g)(9). February 1, 2001 Defendant’s Memorandum of Law at 3-6 (App. 22-25). He also claimed that his conviction violated “principles of equal protection contained in the Due Process [1358]*1358Clause of the Fifth Amendment” and that section 922(g)(9), read in conjunction with 18 U.S.C. § 921(a)(33)(A), was “unconstitutionally vague.” Id. at 6-7. The government opposed Barnes’s claims. See February 27, 2001 Government Memorandum of Law (App. 59-66).

On March 19, 2001 the district court held that Barnes’s “conviction in the Superior Court of the District of Columbia in Criminal Case No. M-11747-97 for simple assault under D.C.Code § 22-504 constitutes a ‘misdemeanor crime of domestic violence’ within the meaning of 18 U.S.C. § 921(a)(33)(A) and can thus serve as a predicate for conviction under 18 U.S.C. § 922(g)(9).” March 19, 2001 Order at 1 (App. 76). Regarding the statutory question, the district court adopted the reasoning of the First and Eighth Circuits, stating that “[h]ad Congress intended to require the prosecution to prove as elements of the offense both the use of force and the relationship of the defendant to the victim, it surely could have done so by using the plural, ‘elements,’ rather than the singular, ‘element,’ when writing § 921(a)(33)’s definition of a misdemeanor crime of domestic violence.” See March 19, 2001 Memorandum Opinion at 4 (citing United States v. Meade, 175 F.3d 215, 218-20 (1st Cir.1999), and United States v. Smith, 171 F.3d 617, 619-20 (8th Cir.1999)). The district court also rejected Barnes’s constitutional challenges. See March 19, 2001 Memorandum Opinion at 7-11. On April 17, 2001 the district court sentenced Barnes to a term of imprisonment of twelve months and one day, followed by two years’ supervised release as well as a special assessment of $100. 4/17/01 Tr. 7. Barnes filed a timely notice of appeal and the district court stayed execution of the sentence pending appeal.

II.

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Bluebook (online)
295 F.3d 1354, 353 U.S. App. D.C. 87, 2002 U.S. App. LEXIS 14726, 2002 WL 1609994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-barnes-john-cadc-2002.