Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, March 02, 2010

DuBose: Protective Order Sufficed to Establish 922(g)(8) violation

In U.S. v. DuBose, No. 09-11400 (March 1, 2010), the Court affirmed a defendant’s conviction for possessing a firearm while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8).

The Court rejected the argument that DuBose’s protective order did not meet the statute’s requirement that it involve preventing the use of physical force. The Court pointed out that the protective order enjoined DuBose from “hurting” his wife.

The Court also rejected DuBose’s attempt to challenge the validity of the Alabama protective order under Alabama. Pointing out that the Supreme Court foreclosed collateral attacks on prior felony convictions in felon in possession cases in Lewis v. United States, the Court applied the same rule to underlying protective orders in § 922(g)(8) prosecutions.