Articles Posted in Gun Crimes

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Criminal history is important and complicated.

As I explained before, if someone commits a crime of violence, and then is facing sentence for another crime later, their sentence can be significantly increased because of that prior violent crime.

The discussion in my prior post about what counts as a crime of violence is important for understanding the recent Sixth Circuit ruling in United States v. McMurray.

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It’s ironic in a sense. Some of the most complicated questions of federal criminal law have to do with calculating the way a person’s criminal history intersects with the sentencing guidelines in a federal weapons charge. Yet weapons crimes are, themselves, generally unsophisticated. When a very good lawyer on a weapons charge gets paired with a stereotypical gun charge client, it creates odd pairings of super-geeky lawyers and folks who are attracted to the elegant simplicity of a hair trigger.

Which brings us to a reversal for resentencing in an appeal from a federal gun charge. The Tenth Circuit today reversed and remanded for resentencing in a gun case, United States v. Armijo. The basic facts are vanilla — Armijo was convicted of possessing a gun. He’s got a prior felony conviction, so that violates 18 U.S.C. section 922(g). The guidelines for a felon in possession charge depend on the defendant’s criminal history. If he has two prior convictions that are either drug distribution charges or crimes of violence, then his guidelines start at a level 24 (assuming we’re not talking about a machine gun).

The question is, what counts as a crime of violence? The phrase “crime of violence” is the rabbit-hole into which thousands of hours of attorney time have disappeared (though for a good reason — the wrong answer from an appellate court can lead to thousands of years of people’s lives disappearing into a less pleasant kind of hole).