Source: cases/18usc924/f-supp-966-483-davis-v-beeler.case
Case source: https://www.neochart.com/catalog/cases/f-supp/volume_966/0483_01/index.html
The statute does not mandate a categorical approach to the determination of what is a “nonviolent offense.”
Moreover, even if this Court were to subscribe to the Ninth Circuit’s view, the Sixth Circuit has not held that in the context of § 924(c)(3) a § 922(g) offense is nonviolent.
Thus, in this Circuit, the BOP’s interpretation does not contravene well-settled ease law and the conclusion mandated in Downey by prior decisions of the Ninth Circuit regarding § 922(g) is thus not mandated here.
casedsl 1
case /f-supp/966/0483-01
name Davis v. Beeler
cite 966 F. Supp. 483 (1997)
court United States District Court for the Eastern District of Kentucky
date 1997-04-29
url catalog/cases/f-supp/volume_966/0483_01/index.html
source ir/caselaw/f_supp_966.jsonl sha1=b577b44dcc3a29851dad1d45f8af3d521ccf068d chars=35492
law 18usc924 (c)(3)
role comparator
posture civil; 28 U.S.C. 2241 habeas petition by a federal prisoner convicted of 18 U.S.C. 922(g) (felon in possession), challenging the Bureau of Prisons' classification of that offense as a "crime of violence" (hence not a "nonviolent offense" eligible for early release under 18 U.S.C. 3621(e)(2)(B)); magistrate judge's report adopted as the opinion of the court; petition denied. No 924(c) charge exists: the BOP program statement borrowed the 924(c)(3) definition
result not-decided
element predicate.violence : not-reached
theory borrowed definition: BOP Program Statement 5162.02 uses the 924(c)(3) "crime of violence" definition to construe "nonviolent offense" in 18 U.S.C. 3621(e)(2)(B)
variant borrowed-definition/felon-in-possession-for-early-release-eligibility
fact @13749..13981 [supports] | Your current offense of Possession of a Firearm by a Felon is determined to be a crime of violence as defined by the statute as it poses a substantial risk that physical force might be used against the person or property of another.
fact @11696..11867 [supports] | The next section of PS 5162.02 is titled “CRIMINAL OFFENSES THAT ARE CRIMES OF VIOLENCE IN ALL CASES,” and a violation of 18 U.S.C. § 922(g) is listed as one such offense.
rule @27228..27421 [quoted] | It would be a “foolish consistency” to hold that a crime of violence for sentencing purposes must be the same as a crime of violence for early release purposes — even using the same definition.
rule @32231..32338 | The statute does not mandate a categorical approach to the determination of what is a “nonviolent offense.”
held @29344..29519 | Moreover, even if this Court were to subscribe to the Ninth Circuit’s view, the Sixth Circuit has not held that in the context of § 924(c)(3) a § 922(g) offense is nonviolent.
held @29520..29733 | Thus, in this Circuit, the BOP’s interpretation does not contravene well-settled ease law and the conclusion mandated in Downey by prior decisions of the Ninth Circuit regarding § 922(g) is thus not mandated here.
gloss The court does NOT decide whether felon-in-possession is a 924(c)(3) crime of violence. It holds that (i) judicial review of the BOP's early-release decisions is limited to constitutional claims and conflict with well-settled case law, (ii) case law construing 924(c)(3) / 924(e) / the Guidelines for sentencing does not bind the BOP when it borrows the same words for 18 U.S.C. 3621, and (iii) no binding Sixth Circuit or Supreme Court authority holds 922(g) nonviolent. The fact lines are the agency's classification (polarity = toward "is a crime of violence"), not conduct of the petitioner and not a finding of the court. The rule lines are about 3621, not about 924(c).
misfit Pure comparator: 924(c)(3) is only the text an agency copied into a program statement interpreting another statute (18 U.S.C. 3621(e)(2)(B)). There is no prosecution, no claimant under 924(c), and no element is applied; `result not-decided` and a single not-reached block are the honest encoding. The role cannot name the compared law (known item 10), and the notation has no way to say "definition borrowed by an agency; court holds sentencing case law on the definition non-binding in the borrowing context".
misfit The clause the BOP actually relied on is the residual clause, 924(c)(3)(B) ("substantial risk that physical force ... may be used"), which the law file treats as invalid after United States v. Davis (2019) and gives no id. Filed under `predicate.violence` (the (c)(3)(A) elements clause id) for want of a declared residual-clause id; no temporal flag marks the 1997 reasoning as resting on a clause since struck down.
misfit The opinion repeatedly miscites the provisions ("924(e)(3)", "924(e)(3) and (e)" for 924(c)(3) and 924(e) — OCR or original error) and leans on 924(e) (ACCA "violent felony", Taylor's categorical approach), a sibling subsection outside this law file; the 924(c)(3)/924(e) relation is prose only.
misfit The IR record is a short district-judge order adopting a magistrate judge's report, followed by the report itself; all quotes are from the report (adopted "as and for the opinion of the Court"). No `opinion` value distinguishes order from adopted report.