United States v. Frank Preston Akins

ORDER DENYING PETITION FOR REHEARING/REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed on March 27, 2001, appearing at 243 F.3d 1199 is hereby amended.

With this amended opinion, the panel as constituted above has voted to deny the petition for rehearing. Judge Pregerson has voted to deny the petition for rehearing en banc, and Judges D.W. Nelson and Karlton so recommend.

The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether

to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing with petition for rehearing en banc is denied.

OPINION

D.W. NELSON, Circuit Judge:

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.…