U.S. v. Moffitt, 2006 WL 3240752 (W.D.N.C. Nov 07, 2006) - Therefore, the Court finds that the 18 U.S.C. § 922(g)(1) charge to which Defendant pleaded guilty constitutes a “crime of violence,” which is an offense described in section 3142(f)(1)(A).FN1 FN1. Defendant has argued that the enactment of the Adam Walsh Child Protection Act and the amendments to § 3142 contained within the Act clarify that possession of a firearm is not classified as a “crime of violence.” The Court rejects Defendant's argument.

The Adam Walsh Child Protection Act amended 18 U.S.C. § 3142(f)(1) to include a requirement that a judge must hold a detention hearing for “any felony that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm....” The Adam Walsh Child Protection Act did not redefine “crime of violence” to exclude crimes involving possession or use of a firearm or otherwise limit “crimes of violence.”

Instead, it appears as though Congress added this language to § 3142 to expand the instances where detention hearings are conducted. This would ensure a detention hearing in courts that otherwise may not have held such a hearing because they did not consider possession of a firearm by a felon to be a "crime of violence."

U.S. v. Glembin, 2006 WL 2460866 (D.Nev. Aug 21, 2006) – "*2 Defendant moves the court for an order requiring the government to permit defense counsel to inspect, copy, photograph, or scientifically analyze eight categories of evidence believed to be in the possession, custody, or control of the government. The government responds that the newly-enacted Adam Walsh Child Protection and Safety Act of 2006, effective July 27, 2006, Public Law 109-248 § 504, which amends 18 U.S.C. § 3509, adding a new section (m), specifically provides that in criminal proceedings, child pornography shall remain in the care, custody, and control of the government or the court.

The new law requires courts to deny defense requests to copy, photograph, duplicate, or otherwise reproduce material constituting child pornography if the government makes the material reasonably available to the defendant and provides ample opportunity for the defense to examine it at a government facility. The government indicates its willingness to do so.

Again, the defendant has failed to comply with LCR 16-1(c) and his obligations under the joint discovery statement, and with respect to his request to copy, photograph, or duplicate material constituting child pornography, 18 U.S.C. § 3509(m) requires that these materials remain in the care, custody, and control of the government, provided the government makes the materials reasonably available to defense counsel. Accordingly, defendant's motion for discovery and inspection is denied.”

III. SEVEN TITLES Adam Walsh Child Protection and Safety Act of 2006

(A. Title I: Sex Offender Registration and Notification Act...)

< >