Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Resisting Arrest Is Crime of Violence Under ACCA

By Jonathan Byrne

US v. Jenkins: Jenkins was convicted of drug distribution and being a felon in possession of a firearm, then sentenced as a career offender. One of his two prior qualifying offenses, according to the district court, was a 1998 conviction for the "Maryland common law offense of resisting arrest." In making that conclusion, the district court relied on a 2009 unpublished Fourth Circuit case, Mullen, which held that resisting arrest was a crime of violence under the Guidelines.On appeal, Jenkins challenged his designation as a career offender, arguing that the older Fourth Circuit case upon which Mullen was based had been undermined by recent Supreme Court decisions dealing with "violent felonies" under the ACCA - Begay and Chambers. The Fourth Circuit disagreed, holding that resisting arrest is a crime of violence, even in light of Begay and Chambers, because it produces great risk of harm to others and can only be committed intentionally or purposely.continue to full post

Full post as published by Fourth Circuit Blog on February 23, 2011 (boomark / email).