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United States of America v. Roman Cavanaugh, Jr

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Submitted: October 19, 2010

Before RILEY, Chief Judge, MELLOY and BYE, Circuit Judges.

Roman Cavanaugh, Jr., 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” for certain abuse offenses. Id. § 117(a). Below, the district court dismissed the indictment because, although Cavanaugh had received prior misdemeanor abuse convictions in tribal court on three separate occasions, Cavanaugh had not received the benefit of appointed counsel in the proceedings that resulted in the convictions.

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