South Dakota Federal Court Dismisses Federal Gun Possession Indictment Relying on Rosebud’s D.V. Conviction

Here are the available materials in United States v. Peneaux (D.S.D.):

An excerpt from the order:

Federal law prohibits the possession of a firearm by a person “who has been convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Defendant Hunter Peneaux pleaded guilty to domestic abuse in Rosebud Sioux Tribal Court on three separate occasions. He was later indicted by a grand jury for violating § 922(g)(9). Peneaux now moves to dismiss the indictment, arguing that his tribal court convictions do not qualify as misdemeanor crimes of domestic violence because they did not have” as an element, the user attempted use of physical force.” 18 U.S.C. § 921(a)(33)(A)(ii). Under the sometimes-frustrating analys is required by the Supreme Court, this Court must dismiss Peneaux’s indictment.