March 27, 1992. 2 . "... any overt action by a defendant pointing a weapon, drawing a weapon, openly displaying a weapon, brandishing a weapon, holding a weapon, gesturing towards a weapon, or any act other than mere passive possession, would cross that line and present a sufficient potential for physical injury to constitute a crime of violence....” Chappie, 942 F.2d at 442. 3 . According to the affidavit attached to the Complaint and the testimony at the hearing, the weapon was discovered and seized from underneath a seat cushion of a couch in the defendant’s residence while the defendant was absent. 4 . This is also the current text of § 4B 1.2. United States Sentencing Commission, Guidelines Manual, § 4B1.2 (Nov. 1992), 5 . See also United States v. Doe, 960 F.2d 221 (1st Cir.1992) (<HOLDING>). 6 . The Commentary to § 4B1.2 was amended
holding that 18 usc  1919 did not implicitly repeal 18 usc  1001 holding that driving while intoxicated is not a violent felony pursuant to 18 usc  924e2b holding the use of a 1951 felony conviction as a predicate for a violation of 18 usc  922g1 did not violate the ex post facto clause because the crime of being a felon in possession of a firearm was not committed until after the effective date of the statute under which he was convicted holding for the purposes of 18 usc  924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc  924e2b holding that for purposes of 18 usc  924e involuntary manslaughter in ohio is a violent felony the definition of which is identical for all relevant purposes to the definition of crime of violence in  4b12a