Akins

Frank Preston Akins appeals his conviction, following a bench trial, for possession of a firearm by a person convicted of a “misdemeanor crime of domestic violence” in violation of 18 U.S.C. § 922 (g)(9). Although Akins challenges his conviction on numerous grounds, we address only his contention that his firearms possession was not a federal crime under § 922(g)(9) because he did not knowingly and intelligently waive the right to counsel in the predicate domestic violence conviction as required under 18 U.S.C. § 921 (a)(33). Because we agree that Akins did not knowingly and intelligently waive the right to counsel in his previous conviction, we reverse the district court and remand with instructions to dismiss the indictment.

FACTUAL AND PROCEDURAL BACKGROUND

On November 30, 1989, Akins was convicted in the Yakima County Superior. Court of fourth degree assault against his girlfriend. Akins signed a guilty plea which also purported to serve as a waiver of his Sixth Amendment right to counsel. 2 The record does not reflect that the court ever engaged in a colloquy with Akins regarding the meaning of the waiver or provided any further warnings apart from those contained in the…