Voisine v. United States

Supreme Court of the United States

579 U.S. ___ (2016)

A person who is convicted of misdemeanor assault for reckless conduct is also prohibited from possessing a firearm under 18 U.S.C. §922(g)(9).

Relevant Facts

Stephen Voisine (the defendant) was convicted for misdemeanor domestic assault under a Maine state law that made it a crime to “intentionally, knowingly or recklessly” cause bodily injury or offensively touch another. Accordingly, the United States (the plaintiff) charged the defendant with violating 18 U.S.C. §922(g)(9), which prohibits firearm possession by anyone convicted of a misdemeanor domestic violence crime that included an element of use of force. The defendant argued that, under the Maine state law, his assault conviction was for reckless conduct that would not have met the “use-of-force” standard under §922(g)(9).

The district court rejected the argument and convicted the defendant. The United States Court of Appeals for the First Circuit affirmed the conviction. The defendant petitioned for certiorari with the United States Supreme Court. The United States Supreme Court granted certiorari.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

579 U.S. ___ (2016)