United States Court of Appeals for the Ninth Circuit · 2019-08-28
18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal after guilty plea to § 922(g)(1); predicate-felony question first raised on appeal after intervening circuit authority (Valencia-Mendoza), reviewed de novo as a pure question of law; reversed with instructions to dismiss the indictment; result: claimant-lost; claim:
Uncertainty
None recorded
Misfit
None recorded
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 12
| Case | One applicable prohibited category | Section 925(a)(1) government-use firearm or ammunition exception | Actual or constructive possession | Firearm or ammunition under section 921 | Possession in or affecting commerce | Knowledge of possessing the firearm or ammunition |
|---|---|---|---|---|---|---|
| United States v. McAdory — 935 F.3d 838 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 12
| Case | Knowledge of the relevant disqualifying status | Second Amendment limit on the unlawful-user theory applied to Hemani | Ship or transport in interstate or foreign commerce | Knowing shipping, transportation or receipt | Receipt of the prohibited object | Received object previously shipped or transported across borders |
|---|---|---|---|---|---|---|
| United States v. McAdory — 935 F.3d 838 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. McAdory — 935 F.3d 838 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — not · law (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Conviction punishable by more than one year | not Counted merits instance applied / merits basis: law; party: Ahmad McAdory; count: 18 U.S.C. § 922(g)(1); subject: party=Ahmad McAdory; count=18 U.S.C. § 922(g)(1) Ninth Circuit reverses a § 922(g)(1) conviction: under Washington's mandatory sentencing scheme none of the prior convictions actually exposed the defendant to more than one year, so none is a predicate. The statutory-maximum fact and the plea admission supported the element under the overruled Murillo rule only. | Washington convictions with statutory maxima above one year but mandatory standard ranges of 0-90 days and no exceptional-sentence findings | Accordingly, we consider McAdory's prior convictions to have been "punishable by imprisonment for a term exceeding one year," such that they would serve as predicates under § 922(g)(1), only if McAdory's convictions actually exposed him to sentences of that length.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [12584:12849] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.For the Taking a Motor Vehicle without Permission conviction, McAdory pled guilty and had a standard range of actual confinement of 0-90 days.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [3420:3562] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.For the Residential Burglary conviction, McAdory pled guilty and had a standard sentencing range of 0-30 days of detention.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [3792:3915] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.The court imposed no confinement, and there is no indication the court made any special findings or sentencing enhancements.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [4353:4477] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.Thus, each of McAdory's prior offenses qualified as a felony because the statutory maximum for each offense exceeded one year in prison.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [7351:7487] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.McAdory pled guilty to violating § 922(g)(1) and admitted that each of these prior offenses was "punishable by a term of imprisonment exceeding one year."Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [4478:4632] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.None of McAdory's prior convictions had standard sentencing ranges exceeding one year, nor were any accompanied by written findings of any of the statutory factors that would justify an upward departure. Thus, the district court convicted McAdory under § 922(g)(1) even though he had no predicate offenses within the meaning of the statute.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [12850:13190] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3. |
Court interpretations recorded from this case
interpretation
Accordingly, we consider McAdory's prior convictions to have been "punishable by imprisonment for a term exceeding one year," such that they would serve as predicates under § 922(g)(1), only if McAdory's convictions actually exposed him to sentences of that length.
United States v. McAdory — 935 F.3d 838 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
Accordingly, we consider McAdory's prior convictions to have been "punishable by imprisonment for a term exceeding one year," such that they would serve as predicates under § 922(g)(1), only if McAdory's convictions actually exposed him to sentences of that length.Source:
docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0838-01; Unicode character offsets [12584:12849] (end exclusive); SHA-256 c9bb8a254e27f1293a67a4017fec4867d659bb434754432c1a62f37e970c11d3.McAdory applies the Ninth Circuit rule to Washington mandatory sentencing ranges; the actual sentence served alone is not the test, nor is the state felony label conclusive. Small, 544 U.S. 385, 387 (2005), judicially construes convicted in any court in section 922(g)(1) to exclude foreign convictions; this is not a textual exclusion enacted in section 921(a)(20).