SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. Kavanaughs 38-page dissent (longer than Kagans plurality opinion and Thomas concurrence combined) accuses Kagan of adopting a tortured reading of the phrase against the person of another to limit the reach of the statute. 21-36a01 through 21-36a17 . After his release from prison, he will begin a three-year term of According to court documents, on March 16, 2022, investigators learned that Feaster would be going to a residence in Fresno to pick up a firearm and an extended magazine. Blackman was sentenced February 24, 2023, before U.S. District Judge Wilhelmina M. Wright. hb``d``rX@3ZfADT{r2-@R@yH ,XABALFS\0u0Pyj| P2 WXf0`u 7@A$\/@z( # Assistant U.S. According to the defendants guilty plea and court documents, on December 15, 2021, Travon Lavelle Blackman, 26, was sentenced to 70 months in prison, by U.S. District Judge Wilhelmina M. Wright, for a felon in possession conviction. harshness of federal firearm regulation.24 This amendment made major changes to the structure of the felon in possession law. /TrimBox [0 0 612 792] 0000017381 00000 n On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. Defendants convicted of a 922 (a) (1) (A) or 922 (a) (3 . Lock No single sentencing calculation inflicts more harm than a determination . U.S. Attorney's Office, Eastern District of California, Domestic Violence, Child Exploitation, and Human Trafficking Prevention, Fresno Man Charged in Operation No Fly Zone Pleads Guilty to Being a Felon in Possession of a Firearm, Guatemalan Man Sentenced to Over Four Years in Prison for Fentanyl Trafficking, Visalia Man Charged with Assault on a Federal Officer, Former Sacramento Man Pleads Guilty to Distributing Methamphetamine, Fresno Man Charged In Operation No Fly Zone Pleads Guilty To Being a Felon In Possession of a Firearm. The state courts will then remand the matter to the federal courts to prosecute the charges of felony weapons crimes. This case is part of Project Guardian, the Department of Justices signature initiative to reduce gun violence and enforce federal firearms laws. Possession of a firearm by a convicted felon is a contentious issue for some. Gang sentencing enhancements - PC 186.22 /Resources << In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Our federal criminal lawyers have helped people win federal gun cases. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. He also has served a term in federal prison after. 922(g)(1). 18 U.S.C. 6.18.922G-1 Felon In Possession of Firearm (18 U.S.C. Federal firearm laws are complex and carry potentially serious penalties. 97.4% of felon in possession of a firearm offenders were sentenced to prison; sentences varied widely by whether a mandatory minimum penalty applied in the case. Borden argued that only purposeful or knowing conduct can meet ACCAs definition of violent felony. Mere recklessness, he said, does not qualify. According to court documents, on April 5, 2022, investigators executed a search warrant at a Robbinsdale apartment associated with Blackman and arrested him on the federal arrest warrant. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and: (1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any . . 922 (j) Possession or sale of a stolen firearm. Main Office: Share sensitive information only on official, secure websites. The case, Borden v. United States, involved a provision of ACCA that imposes a 15-year minimum sentence on anyone convicted of being a felon in possession of a firearm if the person has three or more prior convictions for a violent felony. The term violent felony is defined, in relevant part, as any felony that has as an element the use, attempted use, or threatened use of physical force against the person of another.. Sacramento Main Office Shortly after Feaster left the residence, officers attempted to conduct a traffic stop on his car, but Feaster failed to yield. (b) If a felon is convicted of a criminal offense other than possession of a firearm The Felony Firearms Act. Over two days of testimony in front of United States District Judge Sara Darrow, the government presented evidence establishing that Jackson had previously been convicted of two felonies when he was stopped for traffic offenses on August 18, 2021, and was found to be in possession of a firearm. Officers from the Springfield Police Department located a loaded Ruger LCP 380 in the front seat of the car Jackson was driving. Secure .gov websites use HTTPS Justice Clarence Thomas did not join Kagans opinion but concurred in the result. c>xo'{ u8F,:91QQ >xa3PBq*$z.1$U X? The firearm had an attached auto-sear or switch, enabling the firearm to fire as a fully automatic weapon, and the slide lock appeared to be glued into place. We also use third-party cookies that help us analyze and understand how you use this website. Central Florida Criminal Defense Lawyers CALL OR EMAIL US TODAY - AVAILABLE 24/7 | 877-301-2280 Sentencing guidelines for possession of a firearm by a felon by On behalf of Lindsey & Ferry, P.A. (September 2022) This primer provides a general overview of the statutes, sentencing guidelines, and case law relating to sentencing of firearms offenses. Based on the factors, the court judge may view the perpetrator in a negative light if he or she does not appear guilty or remorseful. FRESNO, Calif. Patrick Feaster, 23, of Fresno, pleaded guilty today to being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. (1) A person commits the offense of possession of a deadly weapon by a prohibited person if he or she: (a) Possesses a firearm, a knife, or brass or iron knuckles and he or she: (i) Has previously been convicted of a felony; (ii) Is a fugitive from justice; (iii) Is the subject of a . >> The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. (2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony. 00}4LqG'T4*#@%C8T`A\)5HTLkR^:"IX1fi3L`&%()AYfFePQ4 SPRINGFIELD, Ill. - A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. If a convicted felon is caught with a gun or a firearm, there could be serious penalties against them. Possession of a firearm by a convicted felon or other prohibited person under 18 U.S.C. 14-288.8(c). Attorneys Sierra Senor-Moore and Tanner Jacobs represented the government at trial. JOB POSTINGS 0J)z{!mfc*. FEDERAL FIREARMS LAWS I. 958 0 obj <>stream | Apr 14, 2017 | Weapons Crimes | 0000000668 00000 n Minneapolis Fax: (612) 664-5787 Taylor v. United States, 495 U.S. 575 (1990); Custis v. United States, 511 U.S. 485 (1994); Daniels v. United States, 532 U.S. 374 (2001); Shepard v. United States . Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. In this section, learn about the Commissions mission, structure, and ongoing work. 571.070. Galvan was eventually arrested and transported to the Douglas County Jail along with two bags he had in his possession. An official website of the United States government. This case is the product of an investigation by the Federal Bureau of Investigation; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Fresno Police Department; the Fresno-area Multi-Agency Gang Enforcement Consortium (MAGEC); the California Department of Justice; the California Highway Patrol; the Fresno County Sheriffs Office; the Kings County Sheriffs Office; the California Department of Corrections and Rehabilitation; and the Fresno County District Attorneys Office. /P 0 entering your email. The Courts decision overrides Congresss judgment about the danger posed by recidivist violent felons who unlawfully possess firearms and threaten further violence, Kavanaugh wrote. burglary, robbery, assault, possession The Commission establishes sentencing policies and practices for the federal courts. !d r=WD$wa.@&zG4Ca!=b"ACLkyp(8@&1e816q}c@_g'zS$gwD3$^"a&z8`hT 0000030775 00000 n Lock A locked padlock SPRINGFIELD, Ill. - A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. hbbd```b``3@$v~&@$-"YEH0)9V VY&7fmf[Pa2`1$Km G 922(d); or (III) is convicted under 18 U.S.C. Have a question about Government Services? The Armed Career Criminal Act (ACCA, 18 U.S.C. Assistant U.S. Attorney Benjamin Bejar prosecuted the case. John Davidson Long of Jackson was sentenced to . 26 0 obj art. The Second Amendment to the Constitution guarantees the right to bear arms; however, the U.S. Supreme Court has routinely held that this Constitutional right, along with many others, is not an absolute right. %%EOF /Parent 22 0 R A person commits the crime of possession of a weapon by a previous offender . (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year. United States District Judge Brian C. Buescher sentenced Galvan to 84 months imprisonment. Rather than rely on the phrase against the person of another, Thomas focused on the phrase use of physical force. That phrase, Thomas said, is limited to intentional acts designed to cause harm. /Length 3970 Although the primer identifies some of the key cases and concepts related to the sentencing of firearms offenses, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary sources. 0000031176 00000 n Over two days of testimony in front of United States District Judge Sara Darrow, the government The firearm must have been moved across a state line and the defendant must have known or had reasonable cause to believe the firearm was stolen. The government presented evidence at the trial that Jackson had previously been convicted of two felonies. (2) Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, or both. Punishable by up to 10 years imprisonment. U.S. << That language, she concluded, encompasses only purposeful or knowing crimes, not reckless ones. Under this federal firearms statute, it is illegal for certain people: to possess a firearm or ammunition that is in or affecting commerce; to ship or transport a firearm or ammunition in interstate or foreign commerce; or /Names << /Dests 12 0 R>> A lock ( ST. PAUL, Minn. A Robbinsdale man has been sentenced to 120 months in prison for illegal possession of a firearm, to be served consecutively to a prior sentence of 70 months for illegal possession of a firearm, followed by three years of supervised release, announced United States Attorney Andrew M. Luger. Fax Line:(916) 554-2900. endobj T5Z 6z C-PjM.Qr]{QSYT.! (j%]5ij(*cfQpP#k)g**65xRnJX2-e:1Hw%:{>rkNT2nD)v1UY"dl>Lj. The United States Attorney for the Western District of Tennessee announced two men previously convicted of felonies entered guilty pleas for crimes involving the illegal possession of firearms they were not allowed to have due to their previous convictions. 924(e), the Armed ST. PAUL, Minn. - A Robbinsdale man has been sentenced to 120 months in prison for illegal possession of a firearm, to be served consecutively to a prior sentence of 70 months for illegal possession of a firearm, followed by three years of supervised release, announced United States Attorney Andrew M. Luger. Kagans opinion for a four-justice plurality focused on the phrase against the person of another in ACCAs definition. H22020:? N The case investigation was conducted by the Springfield Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 15.2% of felon in possession of a firearm offenders were convicted of one or more statutes with a mandatory minimum penalty: 3.8% were sentenced under 18 U.S.C. For more information about Project Guardian, please see www.justice.gov/archives/ag/about-project-guardian. Assistant U.S. The other most common federal gun crimes were the use of a firearm during or in relation to certain crimes and . Insert the appropriate 456 0 obj <>stream stream The language of CRS 18-12-108 states that:. This section criminalizes the knowing possession or sale of a stolen firearm. 958 0 obj <>stream /Root 25 0 R Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. 3563 (b) (8), the court may provide that the defendant "refrain from possessing a firearm, destructive device, or other dangerous weapon." B. United States Attorney Steven Russell announced that Austin Galvan, 41, of Omaha, Nebraska, was sentenced today in federal court in Omaha for felon in possession of ammunition. /Filter [/FlateDecode ] In particular, this primer discusses the application of the firearms guideline, 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), and firearms-related enhancements in guidelines that cover other offenses. Because Blackman has prior felony convictions, he is prohibited from possessing a firearm or ammunition at any time.
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