Felon in Possession Not A Crime of Violence Under Bail Reform Act

U.S. v. Ingle, 2006 WL 1828537 (10th Cir. July 05, 2006)(unpublished)

D pled guilty to felon in possession of a firearm, contrary to 18 USC 922(g)(1). The district court determined the offense was a “crime of violence” as the term is used in the Bail Reform Act, and that D’s detention pending sentencing was mandatory under § 3143(a)(2). (If a D is found guilty of a COV, then the D must be detained pending sentence unless there is a substantial likelihood that a motion for acquittal or new trial will be granted; or the Government has recommended that no sentence of imprisonment be imposed and there is clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community). The 10th found that felon in possession is not a crime of violence and reversed. Using a categorical approach, it looked at the elements of a “crime of violence” under 18 U.S.C. § 3156(a)(4)(B). The 10th found that the felon in possession offense under § 922(g)(1) is not inherently a crime of violence, and that the mere possession of a firearm by a convicted felon does not create a substantial risk that physical force will be used against the property or person of another.