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Interesting report on a Heller argument in the Seventh Circuit

By Douglas A. Berman

I received today via e-mail this interesting report from a helpful federal public defender: Some time ago, I advised you of a decision in the Western District of Wisconsin on my motion to dismiss in a 922(g)(9) case based on Heller. The case was United States v. Steven Skoien [and the SL&P blog coverage can be accessed here].   I just wanted to let you know that we had oral argument on the case in the 7th Circuit this Monday and, although it is clearly an uphill climb, the court seemed more receptive to the claim than I expected them to be. Judge Sykes, in particular, seemed very troubled by the fact that 922(g)(9) provides a lifetime ban that, in effect, treats misdemeanants worse than felons, because misdemeanants can not petition to have their rights restored...continue to full post

Full post as published by Sentencing Law and Policy on April 08, 2009 (boomark / email).