Is a conviction for possessing a firearm a crime of violence for the purposes of career offender adjustment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Daly, 974 F.2d 1215 (9th Cir. 1992):
As we recently held, the charged offense of being a felon in possession of a firearm is not a crime of violence for the purposes of the career offender adjustment because it "does not have as an element the actual, attempted or threatened use of violence nor does the actual conduct it charges involve a serious potential risk of physical injury to another." United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992). Sahakian requires that the sentence be vacated.
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