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U.S. v. FIRST

No. 11-30346.

731 F.3d 998 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Lakota Thomas FIRST, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2013.

Attorney(s) appearing for the Case

Michael W. Cotter , United States Attorney, J. Bishop Grewell (argued), Assistant United States Attorney, Billings, MT, for Plaintiff-Appellant.

Anthony R. Gallagher , Federal Defender, District of Montana, David F. Ness (argued), Assistant Federal Defender, Great Falls, MT, for Defendant-Appellee.

Before: KENNETH F. RIPPLE, STEPHEN S. TROTT, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge:

Lakota Thomas First was indicted as a misdemeanant in possession of a firearm under 18 U.S.C. § 922(g)(9), which makes it unlawful for a person convicted of a "misdemeanor crime of domestic violence" to possess a firearm. The district court dismissed the indictment because First was not provided with appointed counsel pursuant to the Sixth Amendment at his underlying misdemeanor...

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