Brailey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30083 Plaintiff-Appellee, v.  D.C. No.

CR-03-05136-RJB

JAMES DAVID BRAILEY, JR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Argued and Submitted January 10, 2005—Seattle, Washington

Filed May 19, 2005

Before: Mary M. Schroeder, Chief Judge, Susan P. Graber, and Raymond C. Fisher, Circuit Judges.

Opinion by Chief Judge Schroeder COUNSEL

Peggy Sue Juergens, Seattle, Washington, for the defendant- appellant.

John J. Lulejian and Andrew R. Hamilton, Assistant United States Attorneys, Seattle, Washington, for the plaintiff- appellee.

OPINION

SCHROEDER, Chief Judge:

James David Brailey appeals his conditional guilty plea conviction for being a prohibited person in possession of a 5436 UNITED STATES v. BRAILEY firearm in violation of 18 U.S.C. § 922(g)(9). Brailey stands convicted of a misdemeanor crime of domestic violence that would qualify him as a prohibited person. He…