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Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest,  During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose...

Article • July 1, 2025 • from CLN July, 2025

Filed under: Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine

Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate by Sagi Schwartzberg The United States Court of Appeals for the Third Circuit …

Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them

Article • May 15, 2024 • from CLN May, 2024

Filed under: U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve

Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of …

USA v. Prince, IL, Memo Opinion and Order, Felon in Possession of Firearm, 2023

Brief • November 2, 2023

Filed under: Possession or Use of Firearms, Firearms

USA v. Prince, IL, Memo Opinion and Order, Felon in Possession of Firearm, 2023 Case: 1:22-cr-00240 Document #: 73 Filed: 11/02/23 Page 1 of 22 PageID #:576 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. GLEN PRINCE, Defendant. …

Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions

Article • June 15, 2023 • from CLN July, 2023

Filed under: Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made

Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the holding of Rehaif v. United States, 139 S. Ct. 2191 (2019), applies retroactively …

Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple

Article • November 15, 2022 • from CLN December, 2022

Filed under: Felon in Possession Statute, In Connection With Another Felony Offense

Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas held that possession of a firearm by a convicted felon is a “circumstances offense;” consequently, …

Commonwealth v. Phenpimol, MA, Dft's Emergency Motion to Dismiss Indictments Counts on Second Amendment Grounds, Possession of Firearm, 2022

Brief • October 17, 2022

Filed under: Possession or Use of Firearms, Firearms

Commonwealth v. Phenpimol, MA, Dft's Emergency Motion to Dismiss Indictments Counts on Second Amendment Grounds, Possession of Firearm, 2022 LAW OFFICE OF HECTOR E. Pll\fEIRO, P.C. 807 MAIN STREET WORCESTER, MASSACHUSETTS 01610 (508) 770-0600 FAX (508) 770--1300 HECTOR E. PINEIRO hector@pineirolegal.com NANCY CRUZ DE PINEIRO Business Manager nancy@pineirolegal.com October 17, …

First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Of...

Article • August 15, 2022 • from CLN September, 2022

Filed under: Possession or Use of Firearms, Knowingly and Voluntarily Made

First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit held that the U.S. District Court …

SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’

Article • May 1, 2022 • from CLN May, 2022

Filed under: Offense Statutory Maximum, Possession or Use of Firearms

SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’ by Richard Resch by Richard Resch In a 9-0 opinion delivered by Justice Kagan, the Supreme Court of the United States held that defendant’s 10 …

Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’

Article • March 15, 2022 • from CLN April, 2022

Filed under: Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act

Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter by David M. Reutter In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as …

Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ f...

Article • March 15, 2022 • from CLN April, 2022

Filed under: U.S. Sentencing Guidelines, Firearms Owners' Protection Act, In Connection With Another Felony Offense, Drug Testing/Treatment Programs, Probation, Parole & Supervised Release

Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that …

Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes

Article • September 15, 2021 • from CLN October, 2021

Filed under: RICO, Possession or Use of Firearms, Gang Membership

Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …

The Many Roads to Relief Under Borden

Article • August 15, 2021 • from CLN September, 2021

Filed under: Mandatory Minimum Sentence, Possession or Use of Firearms

The Many Roads to Relief Under Borden by Dale Chappell by Dale Chappell In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty …

Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute

Article • May 15, 2021 • from CLN June, 2021

Filed under: Possession or Use of Firearms

Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …

Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively

Article • January 15, 2021 • from CLN February, 2021

Filed under: Possession or Use of Firearms, Firearms, Constructive/Imputed/Presumed knowledge

Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (“SJC”) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …

Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA

Article • July 15, 2020 • from CLN August, 2020

Filed under: Terrorist Designation/Terrorism Label, Possession or Use of Firearms

Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2020, that a prior conviction under Georgia’s terroristic threats statute was overbroad and therefore failed to meet the elements clause of …

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif

Article • July 15, 2020 • from CLN August, 2020

Filed under: Immigration Law/Offenses, Possession or Use of Firearms

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif by Douglas Ankney by Douglas Ankney Based on Rehaif v. United States, 139 S. Ct. 2191 (2019) (“Rehaif II”), the U.S. Court of Appeals for the Eleventh Circuit vacated Oniel Christopher Russell’s conviction of possessing a firearm and ammunition as an immigrant …

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence

Article • June 15, 2020 • from CLN July, 2020

Filed under: Publicity - Prejudicial, Possession or Use of Firearms, Social Media

Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …