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Lee: "Walkaway" offense not "violent felony" under ACCA

By Tim Cone

In U.S. v. Lee, No. 08-14724 (Oct. 26, 2009), the Court, citing Chambers v. U.S., 129 S.Ct. 687 (U.S. 2009), held that a prior "walkaway" escape conviction is not a "violent felony" and therefore vacated the defendant?s 15-year mandatory minimum sentence under the Armed Career Criminal Act. The Court affirmed the felon in possession conviction.The Court rejected Lee?s Fourth Amendment challenge to the seizure of a gun from the glove compartment of a car in which he was a passenger. The Court found that, as a passenger, Lee lacked standing to challenge the search of the vehicle.The Court also rejected Lee?s argument that the judge should not have used his own ruler and car keys to demonstrate for the jury the concepts of actual and constructive possession...continue to full post

Full post as published by Defense Newsletter Blog on October 27, 2009 (boomark / email).