18 U.S.C. § 117
Domestic assault by an habitual offender
2014—Subsec. (a)(1). Pub. L. 113–104 inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.
Notes of Decisions
Cited in 37
cases (5 in the last 5 years), 2009–2024 · leading case: United States v. Bryant, 195 L. Ed. 2d 317 (2016).
United States v. Bryant, 195 L. Ed. 2d 317 (2016). “18 U. S. C. §117 (a). Section 117(a)(1) provides that any person who “commits a domestic assault within .”
United States v. Lynn Michael LaVictor, 848 F.3d 428 (6th Cir. 2017). “§ 113 (a)(6) (“Count Four”); and, (4) domestic assault by a habitual offender pursuant to 18 U.S.C. § 117 (“Count Five”). LaVictor was arrested on July 30, and arraigned a few days later by a magistrate judge who ordered that he have no contact with C.”
United States v. Terry Harlan, 815 F.3d 1100 (8th Cir. 2016). “A jury found Terry Lee Harlan, a Native American man, guilty of domestic assault in Indian country by an habitual offender in violation of 18 U.S.C. § 117 . The district court 1 sentenced Harlan to 41 months imprisonment.”
United States v. Denny Johnson, Sr., 860 F.3d 1133 (8th Cir. 2017). “§§ 1153 ,113(a)(5); and one count of domestic assault by a habitual offender, 18 U.S.C. § 117 . 3 The presen- *1139 tence report determined that Johnson’s base offense level under the Sentencing Guidelines was 30.”
United States v. Cavanaugh, 680 F. Supp. 2d 1062 (D.N.D. 2009). “Unlike the Interstate Commerce Clause, which generally im *1065 pacts state regulation, the Indian Commerce Clause permits Congress to broadly regulate in the field of Indian affairs, and Congress was within its power to enact 18 U.S.C. § 117 as it applies to Indian country;…”
United States v. Shavanaux, 647 F.3d 993 (10th Cir. 2011). “We consider the government’s appeal from the dismissal of Adam Shavanaux’s indictment under 18 U.S.C. § 117 (a) for domestic assault by a habitual offender.”
United States v. Michael Bryant, Jr., 769 F.3d 671 (9th Cir. 2014). “BRYANT SUMMARY* Criminal Law The panel reversed the district court’s denial of a motion to dismiss an indictment charging the defendant, an Indian, with two counts of domestic assault by a habitual offender, in violation of 18 U.S.C. § 117 (a). Applying United States v.”
Samuel Silk, Jr. v. United States, 955 F.3d 681 (8th Cir. 2020). “, appeals the district court’s judgment denying his motion to vacate his sentence imposed under 18 U.S.C. § 117 for the crime of domestic assault by a habitual offender in Indian country.”
United States v. Cavanaugh, 643 F.3d 592 (8th Cir. 2011). “, was charged for the offense of domestic assault by a habitual offender, 18 U.S.C. § 117 . As elements of the offense, the government must prove Cavanaugh received "a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings"…”
United States v. Servando Alvarado-Casas, 715 F.3d 945 (5th Cir. 2013). “§ 115 (b)(1)(B)(iii)—(iv); 18 U.S.C. § 117 (a)(2); 18 U.S.C. § 241 ; 18 U.”
United States v. Kerby St. John, 716 F.3d 491 (8th Cir. 2013). “John was charged with domestic assault by a habitual offender in violation of 18 U.S.C. § 117 . At trial St. John moved for a judgment of acquittal based on insufficient evidence, which the district court 1 denied.”
United States v. Santana Drapeau, 827 F.3d 773 (8th Cir. 2016). “Santana Drapeau was convicted of one count of assault and two counts of domestic assault by a habitual offender, in violation of 18 U.S.C. § 117 . He argues that the district court 2 improperly admitted testimony by his then girlfriend, Dondee St.”
— 18 U.S.C. § 117(b) — 1 case
United States v. Lynn Michael LaVictor, 848 F.3d 428 (6th Cir. 2017). “§ 113 (a)(6) (“Count Four”); and, (4) domestic assault by a habitual offender pursuant to 18 U.S.C. § 117 (“Count Five”). LaVictor was arrested on July 30, and arraigned a few days later by a magistrate judge who ordered that he have no contact with C.”
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