United States v. Kevin J. Sherbondy

INTRODUCTION

Defendant Kevin J. Sherbondy appeals his conviction under 18 U.S.C. § 922 (g)(1) for possession of a firearm by a felon, as well as his sentence under 18 U.S.C. § 924 (e), which mandates a 15-year minimum prison term for persons who violate section 922(g)(1) and who have three prior convictions for “violent felonies.” We affirm Sherbondy’s conviction, but reverse his mandatory sentence because his prior offense of preventing or dissuading a witness from testifying in violation of California Penal Code § 136.1(c)(1) does not constitute a predicate “violent felony” for purposes of section 924(e)(1).

I. FACTS

On November 11, 1986, Sherbondy’s girlfriend informed law enforcement authorities that he was a felon on probation and that he had a gun in his home. At the time, Sherbondy was 23 years old. He wafc a full time college student and worked as a landscaper. On November 17, 1986, Officer John Fadule found a revolver hanging from Sherbondy’s bed while conducting a legal search of his residence in San Clem-ente, California. Sherbondy was arrested for the unlawful possession of a firearm. He was advised of his rights and waived them. He admitted that he was a felon and…