Topic

Firearms

Every decision we've filed under Firearms.

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Qualified Immunity 251 Anders Brief 242
Dec 30 2024
9th Cir. 9:21-cr-00029- Published

UNITED STATES OF AMERICA v. MICHAEL BLAKE DEFRANCE

The Ninth Circuit reversed Michael Blake DeFrance's conviction for possessing a firearm as a convicted domestic abuser because his prior state offense did not legally require physical force. The court held that Montana's assault statute is too broad to qualify as a predicate offense under federal law because it can be violated by inflicting emotional distress alone.

Criminal Drug Trafficking Firearms
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Dec 30 2024
9th Cir. 2:20-cr-00095- Published

UNITED STATES OF AMERICA v. LARRY SENG IN

The Ninth Circuit reversed a district court's suppression order, ruling that handcuffing a suspect during a traffic stop did not constitute an unlawful de facto arrest. The panel held that officers had a reasonable basis to fear for their safety given an unsecured firearm and the suspect's uncooperative demeanor.

Criminal Fifth Amendment - Self-Incrimination Firearms Fourth Amendment - Search & Seizure
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Dec 20 2024
2nd Cir. 22-2652 Panel Decision

United States v. Torres

The Second Circuit affirmed convictions for RICO conspiracy and related firearm offenses against three Rollin' 30s Crips leaders, rejecting challenges to evidence sufficiency and jury instructions. The court dismissed one defendant's appeal regarding a sentencing departure for lack of jurisdiction, leaving his 288-month prison term intact.

Criminal Firearms
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Dec 20 2024
2nd Cir. 22-2976 Panel Decision

United States v. Torres

The Second Circuit affirmed RICO and firearm convictions for three Rollin' 30s Crips leaders, rejecting claims of insufficient evidence and trial errors. The court dismissed one defendant's sentencing appeal for lack of jurisdiction while upholding the remaining judgments.

Criminal Firearms
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Dec 20 2024
2nd Cir. 22-2527 Panel Decision

United States v. Torres

The Second Circuit affirmed the convictions of three Rollin' 30s Crips members for racketeering and firearms offenses, finding the evidence sufficient to support the jury's verdicts. The court dismissed one defendant's appeal regarding a sentencing departure for lack of jurisdiction due to a missed filing deadline.

Criminal Firearms
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Sep 12 2024
9th Cir. 4:22-cr-00208- Published

UNITED STATES OF AMERICA v. CENIOUS BREWSTER

The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.

Criminal Firearms
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Aug 19 2024
9th Cir. 3:21-cr-00019- Published

UNITED STATES OF AMERICA v. GAIL MANNEY

The Ninth Circuit affirmed Gail Manney's conviction for making false statements on a federal firearm purchase form, ruling that the Second Amendment does not protect the act of lying to a dealer. The court further held that such misrepresentations are legally material regardless of whether the actual purchaser is legally eligible to own a gun.

Criminal Firearms
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Jun 13 2024
9th Cir. 6:21-cr-00004- Published

UNITED STATES OF AMERICA v. JOHN RUSSELL HOWALD

The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.

Criminal Drug Trafficking Firearms
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