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: Fifth Circuit Blog

Discharge of Firearm Need Not Be Intentional to Trigger 10-Year Mandatory Minimum Under ACCA

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Dean v. United States, No. 08-5274 (U.S. Apr. 29, 2009)Title 18 U.S.C. § 924(c)(1)(A)(iii) requires a mandatory minimum sentence of 10 years if the firearm was "discharged." The question presented, which had divided the circuits, was whether the 10-year mandatory minimum requires that the defendant discharge the firearm intentionally.Chief Justice Roberts, writing for a seven-Justice majority,

Full post as published by Fifth Circuit Blog on April 29, 2009 (boomark / email).

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