United States v. Brackett

[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 01-1854 UNITED STATES OF AMERICA, Appellee, v. ANDREW E. BRACKETT, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. George Z. Singal, U.S. District Judge] Before Selya, Circuit Judge, Stahl, Senior Circuit Judge, and Doumar,* Senior District Judge. Walter Hanstein, III, with whom Joyce, David & Hanstein, P.A. was on brief, for appellant. F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee. October 24, 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 defendant's conviction is affirmed. Affirmed. -3-