What are the implications of section 922(g)(1) of the 18.22(b) section of the Federal Criminal Code for possessing firearms that have been shipped or transported in interstate or foreign commerce?

MultiRegion, United States of America

The following excerpt is from U.S. v. Murillo, 422 F.3d 1152 (9th Cir. 2005):

Title 18 U.S.C. 922(g)(1) makes it unlawful for any person "who has been convicted in any court of [ ] a crime punishable by imprisonment for a term exceeding one year" from possessing firearms that have been shipped or transported in interstate or foreign commerce. Murillo's two predicate offenses do not fall within section 922(g)(1)'s exceptions (certain business practice violations and state misdemeanors), see 18 U.S.C. 921(a)(20), and his guilty pleas constitute convictions, see United States v. Marks, 379 F.3d 1114, 1117-18 (9th Cir.2004), cert. denied, ___ U.S. ___, 125 S.Ct. 1355, 161 L.Ed.2d 148 (2005). Thus, the issue is whether his convictions were of crimes punishable by a term exceeding one year.

Other Questions


Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Is it unlawful for any person to possess or receive any firearm which has had a serial number removed, obliterated or altered and has been shipped or transported in interstate or foreign commerce? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
In what circumstances will a federal court increase the sentence of a convicted drug dealer for possession of a firearm under section 2K2.1(b)(5) of the Criminal Code? (MultiRegion, United States of America)
What is the test for a charge of possession of a firearm under Section 2D1.1(b)(1) of the 2nd Amendment of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is there a constructive amendment to an indictment under section 922(g) of the Criminal Code when evidence that the firearm travelled in and affecting commerce supports a crime other than that charged in the indictment? (MultiRegion, United States of America)
In what circumstances will a jury at a federal criminal trial find that the use of a firearm under section 924(c) did not constitute a criminal offence? (MultiRegion, United States of America)
What are the implications of the federal government's interpretation of Section 3E1.1(b) of the Criminal Code? (MultiRegion, United States of America)
What is the test for a charge of possession of a firearm under Section 2D1.1(b)(1) of the 2nd Amendment of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.