Being felon in possession of firearm is not crime of violence under Bail Reform Act
PRE-TRIAL DETENTION United States v. Ingle, No. 06-5091, ___ F.3d ___ (10th Cir. Jul. 5, 2006)(N.D. Oklahoma)(ordered published Jul. 18, 2006). Appeal of district court’s pre-trial detention order. HELD: District court erred by ordering defendant detained prior to trial. Nature of offense of being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1) does not involve substantial risk of physical force being used against person or property of another. Thus, offense of being felon in possession of firearm is not “crime of violence” as term is defined in Bail Reform Act at 18 U.S.C. § 3156(a)(4)(B). Read the opinion here. |
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