The Seventh Circuit, in Miller, 721 F.3d 435, 440 (7th Cir. 2013), found that the risks associated with mere possession of a short-barreled shotgun are not in the same league as the risks associated with the enumerated crimes. The court aptly pointed out that “[e]ven though a short-barreled shotgun is quite dangerous, its real risks will almost always manifest only when used or carried in a manner causing others to react.” Id. The Miller court explicitly rejected the Eighth Circuit’s reasoning in Vincent, and adopted the reasoning of the Eleventh Circuit in McGill. Id. at 440-41.
The Eleventh Circuit, in McGill, 618 F.3d 1273 (11th Cir. 2010), properly drew the distinction between the use of explosives and the simple possession of a short-barreled shotgun to hold that possession is not a violent felony. “We cannot classify possessing one type of NFA regulated [sic] weapon as a violent felony when the ACCA speaks only to the use of another. To do so would read the word ‘use’ out of the ACCA statute.” Id. …show more content…
Pet’r’s Br., Johnson at *47 (No. 13-7120) 2014. However, if this Court is not able to reach that conclusion, it should nevertheless find in Mr. Blues’ favor by applying the rule of lenity. The “venerable rule” of lenity stands for the proposition that criminal statutes be strictly constructed. When evaluating the meaning of a criminal statute, ambiguity and doubt should be “resolved in favor of the defendant, whose liberty is at stake.” Mr. Blues’ case concerns exactly the kind of ambiguity and doubt the rule of lenity seeks to resolve. Therefore, in answering the question of whether a short-barreled shotgun falls within the meaning of a violent felony under the ACCA, lenity requires finding that it does
The Eleventh Circuit, in McGill, 618 F.3d 1273 (11th Cir. 2010), properly drew the distinction between the use of explosives and the simple possession of a short-barreled shotgun to hold that possession is not a violent felony. “We cannot classify possessing one type of NFA regulated [sic] weapon as a violent felony when the ACCA speaks only to the use of another. To do so would read the word ‘use’ out of the ACCA statute.” Id. …show more content…
Pet’r’s Br., Johnson at *47 (No. 13-7120) 2014. However, if this Court is not able to reach that conclusion, it should nevertheless find in Mr. Blues’ favor by applying the rule of lenity. The “venerable rule” of lenity stands for the proposition that criminal statutes be strictly constructed. When evaluating the meaning of a criminal statute, ambiguity and doubt should be “resolved in favor of the defendant, whose liberty is at stake.” Mr. Blues’ case concerns exactly the kind of ambiguity and doubt the rule of lenity seeks to resolve. Therefore, in answering the question of whether a short-barreled shotgun falls within the meaning of a violent felony under the ACCA, lenity requires finding that it does