Epps

*248 MEMORANDUM **

Christopher Epps appeals his conviction for possession of a firearm after having been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922 (g)(9). Epps asserts that the indictment should have been dismissed because prior to his conviction for violating § 922(g)(9), the state court withdrew Epps’ guilty plea to the predicate conviction on the grounds that his plea in that case was not knowingly and intelligently entered. Epps contends that because of the state court’s actions, he was no longer convicted of a predicate “misdemeanor crime of domestic violence” and should not have been prosecuted under § 922(g)(9). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo whether a prior conviction may serve as a predicate offense for a prosecution under 18 U.S.C. § 922 (g). United States v. Laskie, 258 F.3d 1047, 1049 (9th Cir.2001). Because the facts and procedural history are known to the parties, we repeat them only as necessary.

First, assuming arguendo, but not deciding, that a prior state misdemeanor domestic violence offense could serve as a predicate offense under § 922(g)(9) only if the defendant had…