United States v. Voisine

495 F. App'x 101

• Court: Court of Appeals for the First Circuit
• Decided: January 18, 2013
• Docket: 12-1213
• Status: Unpublished

Opinion

PER CURIAM.

Defendant-Appellant Stephen L. Voisine asks us to reconsider arguments heard in and decided by this court regarding: (1) whether 18 U.S.C. § 922(g)(9) should be construed to exclude a purportedly nonviolent offensive physical contact misdemeanor conviction as a predicate offense; and (2) whether applying § 922(g)(9) to such a prior conviction would violate a particular defendant’s Second Amendment rights. See United States v. Booker, 644 F.3d 12 (1st Cir.2011); United States v. Nason, 269 F.3d 10 (1st Cir.2001). The Court considered and denied the exact same arguments in United States v. Arm strong, III, 706 F.Bd 1 (1st Cir.2012). Since there are no pertinent factual differences distinguishing the instant case from Armstrong, we accordingly incorporate its reasoning here and affirm the district court’s denial of Defendant-Appellant’s motion to dismiss the indictment.

So Ordered.