United States v. Hill

[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-1336
UNITED STATES OF AMERICA,
Appellant,
v.
THOMAS HILL,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Selya, Circuit Judge,
Stahl, Senior Circuit Judge,
and Doumar,* Senior District Judge.
F. Mark Terison, Senior Litigation Counsel, with whom Paula
D. Silsby, United States Attorney, was on brief, for appellant.
James S. Nixon, with whom Gross, Minsky & Mogul, P.A. 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. Accordingly, the government's
appeal is sustained, the district court's dismissal of the
indictment is reversed, and the case is remanded for further
proceedings consistent with the rule announced in Nason.
Reversed and remanded.
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