Rodriguez-Deharo
United States v. Rodriguez-Deharo
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS INDICTMENT FOR FAILURE TO STATE AN OFFENSE (Doc. 7)
Eliodoro Rodriguez-DeHaro (“Defendant”) is charged with violation of 18 U.S.C. §§ 922 (a)(6) and 924(a)(2), making a false statement on an application to purchase a firearm, by answering “No” to the question, “Have you ever been convicted in any court of a misdemeanor crime of domestic violence?”. Defendant moves to dismiss the indictment on the grounds that it fails to state an offense. See Doc. 7, filed February 11, 2002. Oral argument was heard March 4, 2002. The Government was represented by Assistant United States Attorney, Laurel Montoya, Esq. Defendant was represented by Assistant Public Defender, Ann Voris, Esq.
I. BACKGROUND
On January 20, 1999, Defendant was allegedly convicted of a misdemeanor violation of California Penal Code section 242, battery, in California Superior Court, County of Tulare. See Doc. 8 at Exh. A. In that case Defendant was originally charged with a misdemeanor violation of California Penal Code section 243(e)(1), battery against a cohabitant, co-parent, or anyone to whom the defendant is currently, or has in the past been, married,…