Legal Opinion
United States v. Richard Harmon Bell
Court of Appeals for the First Circuit
Decided June 10, 1992No. 91-1965PublishedCited by 41 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This is a case of first impression in this circuit. We hold that, where the offense of conviction is the offense of being a convicted felon in knowing possession of . a firearm, the conviction is not for a “crime of violence” and that, therefore, the career offender provision of the federal sentencing guidelines does not apply. Hence, we vacate the defendant’s sentence and remand for resentencing.
I. BACKGROUND
Defendant-appellant Richard Harmon Bell pleaded guilty to a charge of being a convicted felon in knowing possession of a firearm, in violation of 18 U.S.C. §§…
2Cases cited17 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Arthur L. Doe, A/K/A "Butchy"Court of Appeals for the First Circuit · 1992
- United States v. Albert Weston, United States of America v. Paul R. TaylorCourt of Appeals for the First Circuit · 1992
- United States v. Gerald HarrisCourt of Appeals for the First Circuit · 1992
- United States v. Olando JohnsonCourt of Appeals for the Fourth Circuit · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Richard Harmon BellCourt of Appeals for the First Circuit · 1993
- United States v. Anthony FioreCourt of Appeals for the First Circuit · 1992
- United States v. PiperCourt of Appeals for the First Circuit · 1994
- United States v. Richard Eugene SmithCourt of Appeals for the Tenth Circuit · 1993
- United States v. Barry Lawrence SpellCourt of Appeals for the Eleventh Circuit · 1995
36 more not listed; retrieve them via the Exa API.