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DWI Not A Violent Felony for ACCA Purposes; Supremes Reverse the Tenth

By Shari Allison

Begay v. United States (06-11543), reversing 470 F.3d 964.In a 6-3 opinion authored by Breyer (dissent by Alito joined by Thomas and Souter)(concurrence by Scalia), the Court decided that 18 USC Sec. 924(e), the Armed Career Criminal Act?s second clause: ?is burglary, arson, or extortion, involves the use of explosives or otherwise involves conduct that presents a serious potential risk of physical injury to another? does not apply to DWI, and DWI is not a crime of violence within the ACCA. The majority followed the core argument forwarded by the defense from the get-go: ejusdem generis; that these listed examples illustrate the kind of offenses that fall within the scope of the statute, and ?the statute covers only similar crimes rather than every crime that presents a serious risk? to another (emphasis in the original)...continue to full post

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