Conviction of defendant for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. section 922(g)(9) is vacated and remanded where: 1) on the facts of the case, the intermediate scrutiny applies; and 2) the government has done almost nothing to discharge the burden of establishing a reasonable fit between the statute’s means and its end.
Read US v. Skoien, No. 08-3770
Appellate Information
Appeal from the United States District Court for the Western District of Wisconsin
Decided November 18, 2009
Judges
Before: Bauer, Sykes, and Tinder, Circuit Judges
Opinion by Sykes, Circuit Judge
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