Does section 924(a)(1)(B) of the Criminal Code need to be interpreted as the substantive offence defined by section 922(g)?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sherbondy, 865 F.2d 996 (9th Cir. 1988):

The most plausible interpretation of these provisions is that section 924(a)(1)(B) must be read into the substantive offense defined by section 922(g), even when the defendant is to be sentenced under 924(e). Otherwise, there would be two different mens rea standards under section 922(g): defendants who have three prior violent felonies could violate the section "unknowingly," while defendants who have fewer convictions could only violate it "knowingly." Furthermore, section 924(e)(1) is a sentence enhancement provision, not one that establishes a separate offense, see United States v. West, 826 F.2d 909, 911 (9th Cir.1987) (interpreting section 1202(a)), and so should not carry its own separate

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