Legal Opinion

Evans v. Zych

Court of Appeals for the Sixth Circuit

Decided July 12, 2011No. 09-1094PublishedCited by 9 opinions

1Opinion of the Court

OPINION

SUHRHEINRICH, Circuit Judge.

Petitioner-Appellant, Michael Evans (“Evans”), challenges the classification of his convictions for violations of 26 U.S.C. § 5861(d) and 26 U.S.C. § 5861(e) as “crimes of violence” under 18 U.S.C. § 924(c)(3), for purposes of 18 U.S.C. § 4042(b), which requires the Bureau of Prisons (“BOP”) to notify state, tribal, and local law enforcement officials prior to the release of a prisoner convicted of a crime of violence. This is an issue of first impression in this circuit. We conclude that the crimes of possession and transfer under § 5861 are not crimes of…

2Cases cited17 opinions

  1. Christopher v. HarburySupreme Court of the United States · 2002
  2. Leocal v. AshcroftSupreme Court of the United States · 2004
  3. U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
  4. Paul Fazzini v. Northeast Ohio Correctional Center, Warden, United States Marshals Service, and United States Parole CommissionCourt of Appeals for the Sixth Circuit · 2006
  5. United States v. Tyrice L. SawyersCourt of Appeals for the Sixth Circuit · 2005

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3Cited by9 opinions

  1. United States v. DavisSupreme Court of the United States · 2019
  2. United States v. Joseph SimmsCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. George RafidiCourt of Appeals for the Sixth Circuit · 2016
  4. George H. Edwards, Jr. v. Stephen DewaltCourt of Appeals for the Sixth Circuit · 2012
  5. Harwin v. MartinezDistrict Court, C.D. California · 2019

4 more not listed; retrieve them via the Exa API.

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