Criminal Defense of Immigrants
§ 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.
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).
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).