Bail Reform Act - Crime of Violence

United States v. Salerno, 481 U.S. 739 (1987)

The United States Supreme Court upheld the pre-trial detention aspects of the Bail Reform Act which permit detention on the basis of dangerousness.

United States v. Bowers, 432 F.3d 518 (3rd Cir. 2005)

Possession of a firearm by a convicted felon is not a crime of violence for purposes of determining whether to grant the defendant pretrial release.

United States v. Johnson, 399 F.3d 1297 (11th Cir. 2005)

A conviction for the offense of possession of a firearm by a convicted felon does not trigger the provision that requires detention pending sentencing. 18 U.S.C. § 3143(a)(2). 18 U.S.C. § 3156(a)(4) (defining crime of violence).

United States v. Twine, 344 F.3d 987 (9th Cir. 2003)

The Bail Reform Act does not permit pretrial detention without bail based solely on a finding of dangerousness. This interpretation would render meaningless 18 U.S.C. § 314(f)(1) and (2). In addition, the court holds that the offense of felon in possession of a firearm is not a crime of violence for purposes of the Bail Reform Act. Thus, the presumptions are not triggered by this offense.