United States v. Ross

── United States v. Ross ── Court: Court of Appeals for the Second Circuit Date: May 29, 2026 Category: General 25-210-cr United States v. Ross United States Court of Appeals for the Second Circuit AUGUST TERM 2025 No. 25-210-cr UNITED STATES OF AMERICA, Appellee, v. GRACE ROSS, Defendant-Appellant. ARGUED: FEBRUARY 12, 2026 DECIDED: MAY 29, 2026 Before: JACOBS, CALABRESI, and NATHAN, Circuit Judges. Defendant-Appellant Grace Ross conditionally pled guilty in the United States District Court for the District of Vermont (Sessions, J.) to a single count of possessing a firearm after previously having been convicted of a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9). On appeal, Ross argues that her 2003 conviction under a Vermont domestic assault law, 13 V.S.A. § 1042, does not meet the definition of a “misdemeanor crime of domestic violence” because it does not require proof, as an element, of “the use or attempted use of physical force.” 18 U.S.C. § 921(a)(33)(A)(ii). We conclude that (i) 13 V.S.A. § 1042 is divisible into three offenses; (ii) of them, Ross’s conviction was for “wilfully or recklessly caus[ing] bodily injury to a family or household member”; and (iii) that offense requires proof of the use of physical force. Accordingly, Ross’s conviction qualifies as a misdemeanor crime of domestic violence. The judgment of conviction is AFFIRMED. BARCLAY T. JOHNSON, Assistant Federal Public Defender, for Michael J. Desautels, Federal Public Defender for the District of Vermont, Burlington, VT, for Defendant- Appellant. DAVID GOLUBLOCK (Eugenia A.P. Cowles, on the brief), Assistant United States Attorneys, for Michael P. Drescher, Acting United States Attorney for the District of Vermont, Burlington, VT, for the United States of America. 2 DENNIS JACOBS, Circuit Judge: Defendant-Appellant Grace Ross conditionally pled guilty in the United States District Court for the District of Vermont (Sessions, J.) to a single count of possessing a firearm after previously having been convicted of a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9). On appeal, Ross argues that her prior conviction under a Vermont domestic assault law, 13 V.S.A. § 1042, does not meet the definition of a “misdemeanor crime of domestic violence” because it does not require proof, as an element, of “the use or attempted use of physical force.” 18 U.S.C. § 921(a)(33)(A)(ii). We conclude that (i) 13 V.S.A. § 1042 is divisible into three offenses; (ii) of them, Ross’s conviction was for “wilfully or recklessly caus[ing] bodily injury to a family or household member,” 13 V.S.A. § 1042 (1993) 1 ; and (iii) that offense requires proof of the use of physical force. Accordingly, Ross’s conviction qualifies as a misdemeanor crime of domestic violence. We therefore affirm the conviction. 1 We cite here the version of 13 V.S.A. § 1042 in effect at the time of Ross’s conviction in 2003. It is identical in all material respects to the current version, 13 V.S.A. § 1042 (2007), which in substance altered only the maximum term of imprisonment for violating the provision. 3