Wilhelm

United States v. Wilhelm

Good Law
65 F. App'x 619
United States Court of Appeals for the Ninth CircuitMay 21, 2003No. 02-10175California290 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Robert Clayton Wilhelm, Sr., appeals from his conviction for violating 18 U.S.C. § 922 (g)(9) by possessing firearms after having been convicted of a misdemeanor crime of domestic violence. We affirm.

1. The conviction does not violate the Ex Post Facto Clause because Defendant’s illegal conduct, the possession of firearms, occurred about three years after 18 U.S.C. § 922 (g)(9) took effect. See United States v. Hancock, 231 F.3d 557, 565 (9th Cir.2000) (upholding same statute against due process challenges); United States v. Arzate-Nunez, 18 F.3d 730, 733 (9th Cir.1994) (requiring a defendant to show that the law “applies to events occurring before its enactment”).

2. Arizona Revised Statute § 13-1203(A)(1) makes it illegal to commit assault by “[i]ntentionally, knowingly or recklessly causing any physical injury to another person.” When the victim of a section 13-1203(A)(1) assault is an exspouse, Arizona Revised Statute § 13-3601 defines the violation as a crime of “domestic violence.”

We have already held that “the use of physical force is a required element of [Arizona Revised Statute] § 13-1203(A)(1).” United States v. Ceron-Sanchez, 222 F.3d 1169,…

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