United States v. Robert Dale Belless

Robert Belless was convicted of illegally possessing a firearm, in violation of 18 U.S.C. § 922 (g)(9), which makes possession of a firearm illegal for anyone “who has been convicted in any court of a misdemeanor crime of domestic violence.” He challenges his federal conviction on the grounds that his prior misdemeanor conviction is not within the firearm statute’s definition of a crime of domestic violence, as set out in 18 U.S.C. § 921 (a)(33)(A), and that the misdemeanor conviction was invalid for the purposes of the federal statute because he pleaded guilty without the benefit of counsel and was not properly advised of his rights before he entered his plea. We reverse and remand.

FACTS

Robert Belless’s prior crime arose from a citation for violating Wyoming Statute § 6 — 2—501(b), which states that he committed “assault & battery by assaulting Kristen Belless — grabbing her chest/neck area and pushing her against her car in an angry manner.” The citation does not say so, but Kristen Belless was married to Robert Belless when he committed battery against her.

He was put in jail, and taken to court the next day. There, without a lawyer, he pleaded guilty. Before sentencing,…