09-11311 Sykes v. U.S.
Sentencing ACCA; fleeing an officer Felony vehicle flight is a violent felony for purposes of ACCA. Sykes’ argument—that Begay v. United States, 553 U. S. 137, and Chambers v. United States, 555 U. S. 122, require ACCA predicate crimes to be purposeful, violent, and aggressive in ways that vehicle flight is not—overreads those opinions. In […]
10-5258 McNeill v. U.S.
Sentencing ACCA A federal sentencing court must determine whether “an offense under State law” is a “serious drug offense” by consulting the “maximum term of imprisonment” applicable to a defendant’s prior state drug offense at the time of the defendant’s conviction for that offense. ACCA’s plain text requires this result by mandating that the court […]
U.S. Supreme Court debates Armed Career Criminal Act
The justices of the U.S. Supreme Court are pondering whether the Armed Career Criminal Act applies to a felon in possession of a firearm even after the penalty for one of the defendant’s triggering “serious drug offense” crimes has been reduced. And the answer, to quote former President Bill Clinton, “depends on what the meaning of the word ‘is’ is.”
09-CR-71 U.S. v. Bradford
Sentencing ACCA; short-barreled shotguns Possession of a short-barreled shotgun is not a violent felony under the Armed Career Criminal Act. “Post-Begay, courts should draw a distinction between ‘active’ and ‘passive’ crimes to determine whether they involve violent and aggressive conduct. See Polk, 577 F.3d at 519. Because possession of a short-barreled shotgun, a passive crime, [&helli[...]
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