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§ 23.4 B. Firearms Enhancements of Conviction or Sentence

 





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A sentence “enhancement” may affect whether an offense triggers a ground of removal by altering either the nature of the offense or the sentence.  See §  10.59, supra.
  
 

  



Updates
 
	




                    
                    
                    
 
                      FIREARMS OFFENSES 

                      United States v. OBrien, 130 S.Ct. 2169 (May 24, 2010) (the fact that a firearm was a machine gun is an element to be proved to the jury beyond a reasonable doubt, not a sentencing factor to be proved to the judge at sentencing).

                    


                  
Fourth Circuit


                    
                    
                    
 
                       FIREARMS OFFENSES " CATEGORICAL ANALYSIS " BURDEN OF PROOF " ANTIQUE FIREARM DEFENSE

                      United States v. Royal, 731 F.3d 333 (4th Cir. Oct. 1, 2013) (in federal conviction for possession of ammunition by an ex-felon, in violation of 18 U.S.C.  922(g)(1), defendant has burden of establishing as affirmative defense that bullets in question were designed exclusively for use in antique firearms).
                    


                    









 

	

	 

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