United States v. Jones, 86-CR-20075-01-BC.
| Citation | 651 F. Supp. 1309 |
| Decision Date | 23 January 1987 |
| Docket Number | No. 86-CR-20075-01-BC.,86-CR-20075-01-BC. |
| Parties | UNITED STATES of America, Plaintiff, v. Robert JONES, Jr., Defendant. |
| Court | U.S. District Court — Western District of Michigan |
James A. Brunson, Asst. U.S. Atty., Bay City, Mich., for plaintiff United States.
Robert L. Lee of Sinclair, Mathieu & Lee, Midland, Mich., for defendant Robert Jones.
Defendant Robert Jones Jr. is charged with the offense of being a felon in possession of a firearm, contrary to Title 18 (App.) United States Code section 1202(a)(1). The government sought and obtained a detention order under the Bail Reform Act, 18 U.S.C. § 3142(f), from United States Magistrate Charles E. Binder. The defendant appealed and this court conducted a de novo hearing. At the hearing, the court made findings of fact and determined that the defendant poses a danger to the community and that no combination of conditions will reasonably assure the safety of the community. However, in addition to this finding, the court must determine that one of the predicate conditions set forth in section 3142(f) exist. In this case, the court must find that the indictment charges a crime of violence under section 3142(f)(1)(A) because no viable argument has been made that any other predicate conditions exist.
If the phrase "crime of violence" was undefined in the act, the court would readily conclude that the possession of a firearm by a felon is not a crime of violence because the mere possession of a firearm is not a violent act. The phrase has been defined in the act as;
18 U.S.C. § 3156(a)(4). Paragraph (B) has broadened the meaning of the term. See United States v. Chimurenga, 760 F.2d 400, 404 (2nd Cir.1985); United States v. Bushey, 617 F.Supp. 292, 299 (D.C.Vt. 1985). The illegal possession of a firearm by a felon is a predicate offense therefore, if it is a felony and there is a substantial risk that the felon will commit a violent act during the entire period of time that the felon possesses the firearm. Since it is a felony, the only issue to be decided is whether the risk posed is substantial.
It is the opinion of this court that the offense of being a felon in possession is a crime of violence for the following reasons. With some logic, Congress might have excepted certain nonviolent, "white collar" felons from the operation of the firearm statute. Nevertheless, it is reasonable to infer that Congress considered...
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