Voluntary intoxication is no defense to crime of being felon in possession of firearm

TRIAL/SENTENCING United States v. Williams, No. 04-3175, ___ F.3d ___ (10th Cir. Apr. 15, 2005)(Kansas). Appeal of conviction and sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g). HELD: (1) Voluntary intoxication is defense to crime requiring proof of specific intent, not general intent. Being felon in possession of firearm is general intent crime. Thus, voluntary intoxication is no defense. (2) Even after recent Supreme Court cases of United States v. Booker, 125 S.Ct. 738 (2005) and Shepard v. United States, No. 03-9168, 544 U.S. ___ (Mar. 7, 2005), for purposes of sentencing under armed career criminal provisions of 18 U.S.C. § 924(e), government need not charge fact of prior conviction in indictment and prove to jury. (3) Where district court judge indicated that he was imposing 17+ year (210 month) sentence only because he was required to do so by sentencing guidelines, but only would have imposed five year sentence if he had discretion to do so, sentence is result of non-constitutional plain error under Booker. Therefore, sentence must be vacated and case remanded for resentencing. Read the opinion here. Read the amended opinion here.