Liefert

MEMORANDUM *

The United States appeals the district court’s dismissal of an indictment charging David Arnold Liefert with possession of a firearm after being convicted of a felony in Minnesota, and possession of a firearm after being convicted of a misdemeanor crime of domestic violence in Montana. See 18 U.S.C. § 922 (g)(1), (9). We reverse and remand.

The district court determined that as to both count I and count II Liefert’s right to possess a firearm had been restored by the states of Minnesota and Montana respectively. Were that so, the dismissal of the indictment would have been proper. See 18 U.S.C. §§ 922 (g)(1), (9), 921(a)(20), (33)(B)(ii); United States v. Meeks, 987 F.2d 575, 578 (9th Cir.1993); United States v. Gomez, 911 F.2d 219, 220 (9th Cir.1990). *664 However, it is not so, and the dismissal must be reversed.

(1) With respect to count I, the district court noted that Minnesota did not add the crime for which Liefert was convicted — third degree assault — to the list of crimes for which a person is deprived of the right to possess firearms until after Liefert had committed his offense. The court reasoned that application of that law to him would be ex post…