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US 5th Circuit Court of Appeals -- "Assault of a Family Member" not domestic violence

S

SA-TX

Centurion
Joined
Feb 12, 2008
Messages
275
Location
Ellis County, Texas, USA
imported post

See http://www.ca5.uscourts.gov/opinions/unpub/07/07-20798.0.wpd.pdf

Here's the final paragraph:

"

[align=left]Hagen moved to dismiss the indictment on the grounds that he was[/align]
[align=left]convicted for “assault of a family member” under Texas Penal Code § 22.01(a)(1)[/align]
[align=left]and (b)(2) which he argues does not qualify as a “misdemeanor crime of domestic[/align]
[align=left]violence” under 18 U.S.C. § 921(a)(33)(A). The district court granted the motion.[/align]
[align=left]The district court relied on this court’s ruling in [font=CenturySchoolbook,Italic]United States v. Villegas-[/align]
[align=left]Hernandez[/font],1 in deciding to not follow [font=CenturySchoolbook,Italic]United States v. Shelton[/font].2 We agree with[/align]
the district court and AFFIRM the dismissal of the indictment."
 
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