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Criminal Law

: Kansas Federal Defender

Not that Tiger

By Melody Evans and Kirk Redmond

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The Tenth held, in US v. Tiger, that DUI convictions are not 'crimes of violence' for career offender purposes, overruling precedent based on the SCt's recent ruling in Begay. "[T]he definition of 'crime of violence' contained in USSG §4B1.2(a) is virtually identical to that contained in the ACCA. Because the Court?s reasoning in Begay applies equally to the sentencing guidelines, we hereby overrule our holding in Moore."The SCt's Begay, also from the Tenth, held that DUI convictions could not support ACCA enhancements.

Full post as published by Kansas Federal Defender on June 25, 2008 (boomark / email).

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