United States v. Lakota First

Lakota Thomas First was indicted as a misdemeanant in possession of a firearm 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 a firearm. The district court dismissed the indictment because First was not provided with appointed counsel pursuant to the Sixth Amendment at his underlying misdemeanor domestic violence proceeding in tribal court. The government appealed. Interpreting 18 U.S.C. § 921 (a)(33) (defining “misdemeanor crime of domestic violence”), we hold that the statute’s “right to counsel” provision, id. § 921 (a) (33) (B) (i) (I), refers to the right to counsel that existed in the predicate misdemeanor proceeding — not to a uniform federal right to counsel. First was convicted of a misdemeanor crime of domestic violence in tribal court, where he had the right to retain counsel at his own expense but lacked a Sixth Amendment right to appointed counsel. Because First was not denied his right to counsel as it existed in the tribal court misdemeanor proceeding, we hold that his resulting conviction could properly serve as a predicate to a § 922(g)(9) prosecution. We further hold…