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Appeal from the United States District Court for the Eastern District of Texas

Defendant-Appellant Robert Alan White appeals his conviction, pursuant to his guilty plea, of one count of violating 18 U.S.C. � 922(g)(9). He asserts that the count of which he was convicted fails to state an offense and that his motion to dismiss the superseding indictment should have been granted. We conclude the count of conviction does not state an offense because neither of the predicate offenses alleged constitutes “a misdemeanor crime of domestic violence,” under section 922(g)(9), in that neither “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon” as required by 18 U.S.C. � 921(a)(33)(A)(ii). We accordingly reverse and remand.

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