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Begay: DUI is not a "violent felony"

By Tim Cone

In Begay v. U.S., No. 06-11543, the Supreme Court held that a felony conviction for driving under the influence of alcohol (DUI) falls outside the scope of the "violent felony" definition, for purposes of imposing a mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior "violent felony" convictions.The Court concluded that DUI is too unlike the four examples Congress listed in the "violent felony" definition, namely "burglary, arson, or extortion, or [an offense that] involves use of explosives," to indicate that Congress intended that provision to cover DUI. "[T]he statute covers only similar crimes, rather than every crime that presents a serious potential risk of physical injury to another...continue to full post

Full post as published by Defense Newsletter Blog on April 16, 2008 (boomark / email).