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U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers) by In the only published decision to date from a Court of Appeals, the D.C. Circuit held that a former felon's possession of a firearm is not a "crime of violence" that triggers …

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer) by In this case a criminal complaint charged that defendant Xiong and his girlfriend of seven weeks, N.L.G., engaged in sexual intercourse. N.L.G. was fifteen years old at the time. The complaint also …

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam) by In this immigration case, the Fifth Circuit held that the unauthorized use of a motor vehicle (UUV) is a crime of violence under 18 U.S.C. § 16. Applying a categorical approach, and defining "substantial …

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton) by Here the Court held that the crime of felon in possession of a firearm is not a "crime of violence" for purposes of determining whether the defendant may be denied bail …

U.S. v. Thomas, No. 97-4181 (7th Cir.) (159 F.3d 296) (October 23, 1998) (Judge Richard A. Posner)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Thomas, No. 97-4181 (7th Cir.) (159 F.3d 296) (October 23, 1998) (Judge Richard A. Posner) by The thorny question of what constitutes a "violent felony" continues to plague the courts; and that question is becoming increasingly important because of a great number of sentencing enhancements that can be …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker) by Based on Guideline Amendment 583, the Court reversed its prior en banc decision and held that a defendant who held his finger under his shirt to resemble a gun during a bank …

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth) by But seeU.S. v. Gloster, 969 F.Supp. 92 (D.D.C. 1997) and U.S. v. Singleton, Docket No. 99-3053 (D.C.Cir. 6/25/99) for contrary rulings. Here the Court held that possession of a firearm by …

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis) by Case held that a conviction for possession of firearms by a convicted felon is not a "crime of violence" within the scope of the statute requiring prison officials to notify local …

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by In this case the defendant pled guilty to being a felon in possesion of a gun, arising out of conduct on an Interstate highway where, while driving under the influence of liquor, …

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore) by Case held that crime of transmitting a threat to extort monies (18 USC § 875(d)) was not a "non-violent" offense, and thus no departure based on diminished capacity could have been …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica) by Here a majority of the Court concluded that the Sentencing Commission did not intend to import the "crime of violence" definition from USSG § 4B1.2 into § 5K2.13. Here, after noting the …

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf) by Here the Court rejected claim that the crime of accessory after the fact was a crime of violence for purposes of § 4B1.2, despite the fact that the defendant had originally been charged …

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald) by This case contains a detailed analysis of the Supreme Court's decision in Taylor v. U.S., 495 U.S. 575 (1990) and its ruling that when deciding whether a prior conviction qualifies as a …

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam) by Court held that "attempted unauthorized entry" under Louisiana law may be treated as a "crime of violence" under the career offender provisions of the Guidelines.

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin) by

U.S. v. Gloster, No. 96-0375(PLF) (D.D.C.) (969 F.Supp. 92) (July 3, 1997) (Judge Paul L. Friedman)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Gloster, No. 96-0375(PLF) (D.D.C.) (969 F.Supp. 92) (July 3, 1997) (Judge Paul L. Friedman) by It has become so commonplace for defendants to be denied bail these days, that we often forget the Supreme Court's warning that "Unless this right to bail before trial is preserved, the presumption …

U.S. v. Meader, No. 96-2123 (1st Cir.) (118 F.3d 876) (July 11, 1997) (Judge Frank M. Coffin)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Meader, No. 96-2123 (1st Cir.) (118 F.3d 876) (July 11, 1997) (Judge Frank M. Coffin) by In this case, the Court held that the conviction of a 39-year old man under a Maine statute for the statutory rape of a girl under the age of fourteen was a …

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell) by Case held that a conspiracy to commit robbery is a "crime of violence" which may serve as a predicate for "using" a gun under the Hobbs Act even though the underlying substantive …

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner) by Here the Court held that the charging document is the only source of information on which the court may properly rely in classifying a prior offense used to enhance the punishment for …

U.S. v. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion) by Case held that a prior conviction for statutory rape was not a "crime of violence" for purposes of the Federal Sentencing Guidelines; but decision was subsequently vacated by an en banc decision …