Young

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30313 Plaintiff-Appellant, v.  D.C. No.

CR-05-02007-FVS

BRAD WAYNE YOUNG,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, Chief Judge, Presiding

Argued and Submitted March 8, 2006—Seattle, Washington

Filed August 17, 2006

Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Ronald M. Gould, Circuit Judges.

Opinion by Judge O’Scannlain

9785 9788 UNITED STATES v. YOUNG

COUNSEL

K. Jill Bolton, Assistant United States Attorney, Spokane, Washington, argued the cause for the appellant. James A. McDevitt, United States Attorney, was on the briefs.

Rebecca L. Pennell, Federal Defender, Yakima, Washington, argued the cause and was on the brief for the appellee. UNITED STATES v. YOUNG 9789

OPINION

O’SCANNLAIN, Circuit Judge:

We consider the conditions under which federal criminal law prohibits an individual from possessing a firearm if he is the subject of a state domestic violence restraining…