18‐3076‐cr United States v. Watkins In the United States Court of Appeals for the Second Circuit AUGUST TERM 2018 No. 18‐3076‐cr UNITED STATES OF AMERICA, Appellee, v. LARRY WATKINS, SR., Defendant‐Appellant. On Appeal from the United States District Court for the Western District of New York SUBMITTED: JANUARY 29, 2019 DECIDED: OCTOBER 3, 2019 Before: CABRANES, WESLEY, and LIVINGSTON, Circuit Judges. Defendant‐Appellant Larry Watkins, Sr. (“Watkins”) was charged in a one‐count indictment with possession of ammunition as a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On July 19, 2018, Magistrate Judge Michael J. Roemer entered a detention order, which the United States District Court for the Western District of New York (Lawrence J. Vilardo, Judge) affirmed in an October 9 Decision and Order (“October 9 Order”). On October 18, Watkins appealed the District Court’s October 9 Order, and on December 26, he filed a motion for bail before us. On January 30, 2019, we entered an order denying Watkins’s bail motion and affirming the District Court’s October 9 Order. This opinion sets forth our reasoning. The central issue on appeal is whether 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. We conclude that it was. In so doing, we reject Watkins’s vagueness challenge to the residual clause in the Bail Reform Act’s definition of “crime of violence.” We further conclude that possession of ammunition by a convicted felon is categorically a crime of violence under the residual clause, and therefore satisfies § 3142(f)(1)(A). Finally, pursuant to a conduct‐ specific inquiry, we conclude that Watkins’s offense also involved the possession or use of a firearm under § 3142(f)(1)(E) because Watkins discharged the ammunition from a firearm. Accordingly, on January 30, 2019 we AFFIRMED the District Court’s October 9 Order and DENIED Watkins’s motion for bail. 2 Monica J. Richards, Assistant United States Attorney, for James P. Kennedy, Jr., United States Attorney for the Western District of New York, Buffalo, NY, for Appellee. Alan S. Hoffman, Buffalo, NY, for Defendant‐ Appellant. JOSÉ A. CABRANES, Circuit Judge: Defendant‐Appellant Larry Watkins, Sr. (“Watkins”) was charged in a one‐count indictment with possession of ammunition as a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On July 19, 2018, Magistrate Judge Michael J. Roemer entered a detention order, which the United States District Court for the Western District of New York (Lawrence J. Vilardo, Judge) affirmed in an October 9 Decision and Order (“October 9 Order”). On October 18, Watkins appealed the District Court’s October 9 Order, and on December 26, Watkins filed a motion for bail before us. On January 30, 2019, we entered an order denying Watkins’s bail motion and affirming the District Court’s October 9 Order. This opinion sets forth our reasoning. The central issue on appeal is whether the Government was entitled to a detention hearing under 18 U.S.C. §§ 3142(f)(1)(A) and 3 3142(f)(1)(E) of the Bail Reform Act. We conclude that it ...
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