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Possessing Deadly Weapon in Prison is ACCA Violent Felony

By Shari Allison

U.S. v. Zuniga, 2009 WL 104304 (1/16/09) (Published) - The 10th expands the meaning of "purposeful, violent and aggressive" under the recent Supreme Court decision in Begay and, as a result, expand the kinds of offenses that are violent felonies under the Armed Career Criminal Act (ACCA), [and by extension "crimes of violence" under the Guidelines]. The 10th holds possession of a deadly weapon in prison is an ACCA violent felony. (1) Following U.S. v. Romero, 122 F.3d 1334 (10th Cir. 1997), the 10th notes that, because a deadly weapon has no legitimate recreational uses in prison, the offense involves conduct that presents a serious potential risk of physical injury to another. Begay doesn't change that conclusion. (2 ) Begay required that a non-enumerated offense must "typically involve purposeful, violent and aggressive conduct...continue to full post

Full post as published by Tenth Circuit Blog on January 22, 2009 (boomark / email).