In U.S. v. Owens, No. 05-10753 (May 4, 2006), the Court affirmed the imposition of a sentence enhancement based on a finding that a prior conviction for possession of an unregistered firearm constituted a "crime of violence."
The defendant was convicted in 1995 of possession of an unregistered rifle with a seven-inch barrel, in violation of the National Firearms Act, 26 U.S.C. § 5681(d). In 2004, the defendant was convicted of being a felon in possession of a firearm. This offense calls for a Guideline enhancement if the prior felony was a "crime of violence."
Rejecting the argument that the prior felony was not a crime of violence, the Court aligned itself with other circuits which have held that a § 5681 conviction qualifies as a crime of violence. The possession of firearms is outlawed by § 5681 because of the "virtual inevitability that such possession will result in violence." The Court also rejected the defendant’s reliance on U.S. v. Spell, 44 F.3d 936 (11th Cir. 1995), which held that a court could look at the circumstances of the predicate offense to determine if it qualifies as a crime of violence. Spell only applies if there is an "ambiguity" about the nature of the prior conviction. No ambiguity arose here.
