United States v. Watkins, No. 18-3076 (2d Cir. 2019)Annotate this Case
The Second Circuit held that the government was entitled to a detention hearing under 18 U.S.C. 3142(f)(1)(A) or 3142(f)(1)(E) of the Bail Reform Act. The court rejected defendant's vagueness challenge to the residual clause in the Bail Reform Act's definition of "crime of violence;" held that possession of ammunition by a convicted felon is categorically a crime of violence under the residual clause, and therefore satisfies section 3142(f)(1)(A); and held that, pursuant to a conduct-specific injury, defendant's offense also involved the possession or use of a firearm under section 3142(f)(1)(E) because he discharged the ammunition from a firearm. Accordingly, the court affirmed the district court's decision affirming a detention order and denied defendant's motion for bail.