United States v. Hayes

United States v. Hayes
Argued November 10, 2008
Decided February 24, 2009
Full case nameUnited States v. Hayes
Docket no.07-608
Citations555 U.S. 415 (more)
129 S. Ct. 1079; 172 L. Ed. 2d 816; 2009 U.S. LEXIS 1634; 77 USLW 4123; 09 Cal. Daily Op. Serv. 2199; 2009 Daily Journal D.A.R. 2612, 21 Fla. L. Weekly Fed. S 643
Case history
PriorDistrict court denied defendant's motion to dismiss indictment, 377 F. Supp. 2d 540 (N.D.W.Va. 2005); appeals court reversed, 482 F.3d 749 (4th Cir. 2007).
SubsequentOn remand, appeals court affirmed denial of motion to dismiss, 337 Fed.Appx. 285 (4th Cir. 2009).
Holding
A conviction for a state crime of "domestic violence" obtains when the defendant is convicted of a crime based on actions which in fact constitute domestic violence; a state statute specifically proscribing domestic violence is not required
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinions
MajorityGinsburg, joined by Stevens, Kennedy, Souter, Breyer, Alito; Thomas (all but Part III)
DissentRoberts, joined by Scalia
Laws applied
Federal Gun Control Act, Sections 922(g)(9) and 933(a)(33)(A)

United States v. Hayes, 555 U.S. 415 (2009), is a United States Supreme Court case interpreting Section 921(a)(33)(A) of the federal Gun Control Act of 1968, as amended in 1996. The Court held that a domestic relationship is not necessarily a defining element of the predicate offense to support a conviction for possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.


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