Thursday, May 05, 2011

U.S. v Sanchez, 10-10229 (5-5-11) (Conti, DJ, with Schroeder and Thomas).

"No contact" is not the same as "no force" when it comes to the 922(g)(8) prohibited possessor bar. The defendant here had an order issued in state court forbidding contact with a domestic partner. He was arrested with a gun and charged with 922(g)(8). The 9th reversed the conviction, holding that a judgment of acquittal should issue. The statute requires an order barring force, attempted force, or threats. The order does not have to use these exact words, but "no contact" is not the same as force.


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