United States v. Hesketh , 21 F. App'x 17 ( 2001 )

[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-1412
UNITED STATES OF AMERICA,
Appellee,
v.
TIMOTHY A. HESKETH,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Selya, Circuit Judge,
Stahl, Senior Circuit Judge,
and Doumar,* Senior District Judge.
John E. Geary for appellant.
F. Mark Terison, Senior Litigation Counsel, with whom Paula
D. Silsby, United States Attorney, was on brief, for appellee.
October 23, 2001
_______________
*Of the Eastern District of Virginia, sitting by designation.
Per Curiam. This appeal was argued on September 14,
2001, in conjunction with several other appeals raising the same
principal question: does an undifferentiated conviction under
Maine's general-purpose assault statute, Me. Rev. Stat. Ann.
tit. 17-A, § 207, constitute a conviction for a misdemeanor
crime of domestic violence within the purview of 18 U.S.C. §
922(g)(9)? We answered that question affirmatively in United
States v. Nason, ___ F.3d ___ (1st Cir. 2001) [No. 01-1440].
Nason is fully dispositive here. Since, the district court did
not err in refusing to allow the defendant to withdraw his
guilty plea, the conviction and sentence are
Affirmed.
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