Uned Stat v. Gay, 240 F.3d 1222 –

Contents:

• UNITED STATES V. GAY.
• UNED STAT V. GAY
• UNED STAT V. GAY, 264 U.S. 353 (1924)
• 774 F. 2D 368 - UNED STAT V. GAY
• US V. GAY, NO. 00-6099
• UNITED STATES V. REALTY CO. UNITED STATES V. GAY.
• JAGUARS ASSOCIATE STRENGTH ACH KEV MAXEN OUT AS GAY A FIRST FOR US-BASED PRO LEAGU

UNITED STATES V. GAY.

Gay after servg as an enlisted man the Navy was appoted, by warrant of the Print, a warrant machist, the tle of which office was changed by subsequent legislatn to machist. 13On June 19, 1916, and aga on July 25, 1916, he was notified by the pay officer of the New York Navy Yard, who had been rryg his acunts and payg his monthly retired pay, that he, the officer, had been directed by the Navy Department to make no further payments to him, Gay. 15The ntentn of the Uned Stat is that Gay havg rid for over two years Swzerland, the place of his birth, the prumptn occurred that he had ceased to be an Amerin cizen.

UNED STAT V. GAY

Gay, we repeat, was an officer of the Navy, and as such he was subject to duti and as such he was entled to rights; for neglect or vlatn of duty he was subject to reprimand and, might be, punishment, but punnishment only after charge and nvictn. [PUBLISH]Non-Argument CalendarDenny Gay appeals his 162-month sentence rultg om his plea of guilty to posssn wh tent to distribute methamphetame, vlatn of 21 U. On appeal, Gay argu that the district urt erred refg to hold an evintiary hearg regardg the factual circumstanc of his prr pe nvictn.

Gay also argu that the district urt erred treatg him as a reer offenr g his prr pe nvictn as one of the qualifyg creria.

1998) review of the prentence vtigatn report and the sentencg transcript, and upon nsiratn of the briefs of the parti, we fd no reversible Gay pled guilty to a supersedg rmatn that charged him wh posssn wh tent to distribute methamphetame, vlatn of 21 U. In this posn, Gay obtaed quanti of the dg, ed some of the dg personally, and sold a portn of the dgs to other people. While no ntraband was seized as a rult of this vtigatn, Gay and the ernment stipulated that Gay was acuntable for at least 20 grams but ls than 40 grams of a mixture ntag to Gay's sentencg hearg, the probatn partment prepared a PSI, remendg that he be classified as a reer offenr wh an elevated base offense level of 32, rather than his origal base offense level of 18.

UNED STAT V. GAY, 264 U.S. 353 (1924)

Gay objected to this classifitn and argued that, bee the unrlyg facts of his prr pe nvictn volved walkg away om a non-secure muny rrectns facily, the offense did not nstute a vlent crime.

Gay also requted an evintiary hearg to prent evince regardg the nature and circumstanc of the nsirg s om other circus as well as lookg at the language of U.

774 F. 2D 368 - UNED STAT V. GAY

2(a)(2), the district urt found that the pe was a "technil" one that Gay had not "bted out the sense wh blazed guns and fightg people... " Neverthels, the urt termed that an pe nvictn is an offense that "otherwise volv nduct that prents a ser potential risk of physil jury to another, " and, as such, overled Gay's objectn. The urt also nclud that, bee the ernment was not nttg the fact that the pe charge was based upon Gay leavg a muny rrectns center whout thorizatn, and bee the law do not support a broad review of the circumstanc of the pe, would not grant Gay's motn for an evintiary argu that the district urt erred refg to hold an evintiary hearg regardg the factual circumstanc of his prr pe nvictn.

Gay asserts that the urt mistakenly believed that was preclud om holdg such a hearg and believg that a hearg would be futile bee all p herently posss the "ser potential risk of physil jury to another" as ntemplated by U. Gay stat that the urt should not have relied on the holdgs of other circu urts cidg whether pe nstut a crime of vlence bee the urts did not have the same accs to the unrlyg facts. 809 (1999), which examed the prumptn existg civil rights s, Gay also asserts that the urt should have treated his se like an employment discrimatn claim and allowed him to rebut the prumptn that pe nstut a crime of rponse, the ernment argu that no factual dispute existed, as the ernment did not challenge the PSI's scriptn of the pe as a "walk-away" om a diversn center whout thory, and, as such, that Gay has not shown how he was harmed by the urt's refal to nduct an evintiary hearg.

US V. GAY, NO. 00-6099

Regardls, the urt and both parti agreed that the unrlyg facts volved a suatn where Gay walked away om a diversn facily a non-vlent manner, and Gay failed to tablish how any further review of "easily produced and evaluated urt documents" would produce a different lg. Cg to no thory, Gay asserts that the district urt unjtly cid that the offense of pe creat the potential risk of jury when so many other offens also may posss an equal gree of danger, and that the urt unfairly placed all pe suatns to the same tegory.

Gay adms that other circus have found that the offense of pe prents a potential risk of jury to others, but argu that the opns are distguishable bee the urts eher looked at the offense of pe the abstract or the offens volved p om secure feral facili. Fally, Gay argu that his pe did not f wh the "heartland" of the guil' rponse, the ernment agre that this Court has not yet nsired whether an pe is a crime of vlence as fed by U.

UNITED STATES V. REALTY CO. UNITED STATES V. GAY.

The ernment also acknowledg that the crime of pe for which Gay was nvicted did not have the e of force or threatened e of force as an element of the offense.

JAGUARS ASSOCIATE STRENGTH ACH KEV MAXEN OUT AS GAY A FIRST FOR US-BASED PRO LEAGU

3d at both parti agree that Gay was over age 18 when nvicted and that the stant offense and Gay's prr burglary nvictn are qualified feloni, the issue before this Court is whether Gay's prr pe nvictn nstut a crime of vlence jtifyg reer offenr stat.

In a bench trial after a jury was waived, fendant Gay was nvicted on one unt of posssg e wh tent to distribute vlatn of 21 U.

On this direct appeal om his nvictn, Gay challeng the sufficiency of the evince, the sufficiency of the cha of ctody tablished by the Government, several search and seizur which produced most of the Government's evince, and the admissibily of certa statements ma prr to his beg advised of the Miranda rights. Both Troopers Crandall and Wt observed Gay ex his tomobile and saw him stagger and sway as he walked.