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Is An Attempted Burglary Always A Violent Felony Under The ACCA?

By Chris Goddu

The Supreme Court heard argument on November 7, 2006 in US v. James, a Seventh Circuit case that deals, in part, with the "otherwise" clause of the Armed Career Criminal Act.

You may want to update yourself on this case if you have a sentencing coming up which involves a predicate offense that may or may not make your client an Armed Career Criminal. The James case may help you argue that under the otherwise clause, the prior offense is not an ACCA predicate. You can read the briefs, oral argument and lower court opinion here.

Full post as published by First Circuit Federal Defender Blog on November 14, 2006 (boomark / email).