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Non-Forcible Statutory Rape Not "Violent Felony" Under ACCA

By Jonathan Byrne

US v. Thornton: Thornton was convicted of being a felon in possession of a firearm and body armor and sentenced under the Armed Career Criminal Act. At his initial sentencing, the district court identified four qualifying prior convictions. On remand from the Fourth Circuit, the district court concluded that two of those convictions were not "separate" offenses and that Thornton therefore had three qualifying prior convictions. One of those convictions was a Virginia conviction for "carnal knowledge of a minor" without the use of force. Thornton argued that the Virginia conviction was not a "violent felony" as defined by the Act. The district court disagreed and reimposed the ACCA sentence.On appeal, applying the analysis from the Supreme Court's recent decision in Begay, the Fourth Circuit reversed the district court...continue to full post

Full post as published by Fourth Circuit Blog on February 04, 2009 (boomark / email).