Michael Blake DeFrance pleaded guilty in 2013 to assaulting his girlfriend in violation of Montana Code Annotated section 45-5-206(1)(a), a misdemeanor. In 2018, federal agents found DeFrance in possession of three firearms, leading to an indictment under 18 U.S.C. § 922(g)(9). This federal statute prohibits firearm possession by anyone convicted of a misdemeanor crime of domestic violence. The federal definition of such a crime requires that the prior offense have as an element the use or attempted use of physical force. DeFrance moved to dismiss the indictment, arguing that the Montana statute could be violated without physical force, but the district court denied the motion. DeFrance appealed, challenging whether his prior conviction satisfied the federal elements clause.
The Ninth Circuit applied the categorical approach, which requires the court to look only at the statutory elements of the prior offense rather than the specific facts of the defendant's conduct. The court analyzed Montana Code Annotated section 45-5-206(1)(a), which prohibits causing bodily injury to a partner or family member. Crucially, Montana law defines 'bodily injury' to include 'mental illness or impairment.' Citing prior Ninth Circuit precedent in United States v. Castro and Montana Supreme Court decisions like State v. Sherer, the court reasoned that a person can violate the Montana statute by inflicting emotional distress or mental anguish through verbal conduct alone, without any physical force. The court distinguished the Supreme Court's decision in United States v. Castleman, noting that while Castleman found a Tennessee statute sufficient because its definition of bodily injury necessitated physical force, Montana's definition is materially broader. Because the Montana statute can be violated by emotional injury alone, it lacks the element of 'use or attempted use of physical force' required by 18 U.S.C. § 921(a)(33)(A)(ii). The court rejected the government's argument that the statute was not overbroad because no actual cases had been brought under it for purely emotional injury, stating that when a statute's text makes its overbreadth evident, a defendant need not point to actual prosecutions.
DeFrance's conviction under 18 U.S.C. § 922(g)(9) is reversed, and his sentence is vacated. The case is remanded to the district court for resentencing or other proceedings. This decision clarifies that individuals convicted under Montana's partner or family member assault statute may not be barred from firearm possession under federal law if their conviction was based on conduct that did not involve physical force. The ruling highlights the tension between the categorical approach and the intent of Congress to keep firearms away from domestic abusers, a point emphasized in the concurring opinions.
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