United States District Court for the Western District of New York · 1998-11-20
18usc922: author: Fable · not independently reviewed
Case and law context
Role: comparator; posture: criminal; pretrial detention order on an indictment charging felon-in-possession; the court decides, by the categorical approach, that a 922(g)(1) offense is a "crime of violence" under the Bail Reform Act (18 U.S.C. 3156(a)(4)(B)) so that a detention hearing may be held, then orders detention on dangerousness and flight risk; guilt under 922(g)(1) is not adjudicated; result: not-decided; claim: (g)(1)
Uncertainty
None recorded
Misfit
Known (role cannot name the compared law): 922(g)(1) is the yardstick for 18 U.S.C. 3156(a)(4)(B) / 3142(f)(1)(A); the ruling is a property of the OFFENSE AS A WHOLE ("by its nature involves a substantial risk of force"), not of any element, so it is parked under status.g1 with a categorical-nature/ variant. No slot for a whole-offense characterization.
Unlike Moncrieffe-type comparators the statute here is also the pending charge against this defendant, so the opinion carries real alleged 922(g) facts (street sale of four guns, three felony convictions) at a stage (detention, proffer, preponderance / clear-and-convincing) that no basis value describes; recorded in not-reached blocks. `result not-decided` hides that the Government won the detention motion.
The court reasons that felons generally know they may not possess firearms ("it must be presumed he does so in conscious disregard of the law") as support for dangerousness; this touches knowledge-status only rhetorically (pre-Rehaif, and about knowledge of the prohibition, which the law file says is not the element), so no block was written.
Good-law flag (known): district-court split in 1998 on whether felon-in-possession is a Bail Reform Act crime of violence; later circuit authority is not in the pinned text.
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. Campbell — 28 F. Supp. 2d 805 (1998) · United States District Court for the Western District of New York · 1998 (18usc922: author: Fable · not independently reviewed) | · not addressed | · not addressed | ○ not reached · basis not recordedNot counted: comparator/procedural | · 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. Campbell — 28 F. Supp. 2d 805 (1998) · United States District Court for the Western District of New York · 1998 (18usc922: author: Fable · not independently reviewed) | · 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. Campbell — 28 F. Supp. 2d 805 (1998) · United States District Court for the Western District of New York · 1998 — not reached (18usc922: author: Fable · not independently reviewed) | Actual or constructive possession | not_reached Excluded from merits counts comparator / procedural claim: (g)(1) Weight-of-the-evidence factor of the detention decision (3142(g)), on government proffer only; not a finding of possession. The court also relies on the general proposition that simple possession is not literally violent but inherently risky in a felon's hands. | control | It involves a charge that a convicted felon possessed and sold four semi-automatic guns in August of 1998, for the sum of $2,000.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [17746:17875] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44.The proffer by the Government is that the gun sale was a hand-to-hand transaction and that there was surveillance by police officers and that some of the proceedings may indeed have been video taped.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [20332:20531] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44.In addition, I believe the evidence against Mr. Campbell on the pending federal charges are quite strong.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [20226:20331] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44. |
| United States v. Campbell — 28 F. Supp. 2d 805 (1998) · United States District Court for the Western District of New York · 1998 — not reached (18usc922: author: Fable · not independently reviewed) | Conviction punishable by more than one year | not_reached Excluded from merits counts comparator / merits claim: (g)(1); theory: categorical characterization of the felon-in-possession offense as a Bail Reform Act crime of violence; subject: theory=categorical characterization of the felon-in-possession offense as a Bail Reform Act crime of violence The held line classifies the 922(g)(1) offense as a whole (felon status combined with possession) for another statute; it decides nothing about whether this defendant has a qualifying conviction. The prior-record sentence comes from the detention findings (3142(g)), on proffer, and is legally irrelevant to the categorical ruling; it is kept only as the alleged status fact. | categorical-nature/felon-in-possession-as-bail-act-crime-of-violence | Campbell has an extensive prior record with nine convictions including three felony convictions over the past decade.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [18209:18326] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44.Under the categorical approach, the court looks only to the intrinsic nature of the offense itself as it is defined by statute, and does not consider any of the specific facts surrounding the alleged offense.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [3917:4125] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44.It is equally reasonable to infer that a person who has been convicted of a felony, yet is in unlawful possession of a firearm, is more likely to use that firearm in the course of committing a crime.Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [11700:11899] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44.For all these reasons, then, I conclude that possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) constitutes a “crime of violence” as that term is defined in 18 U.S.C. § 3156(a)(4)(B).Source: docroot/ir/caselaw/f_supp_2d_28.jsonl#/f-supp-2d/28/0805-01; Unicode character offsets [16064:16269] (end exclusive); SHA-256 bddd7660e5992492800b48b04183ba9f40e20eaa90c71e99be04e9adce960d44. |