Larry Begay v. United States (553 U.S. 137)
U.S. Supreme Court · decided April 16, 2008 · Supreme Court Database (Spaeth)
- Citation
- 553 U.S. 137 · 128 S. Ct. 1581
- Decided
- April 16, 2008
- Term
- October Term 2007
- Vote
- 6–3
- Majority author
- Justice Breyer
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Breyer delivered the opinion of the Court. The Armed Career Criminal Act imposes a special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who also have three or more previous convictions for committing certain drug crimes or “violent felon[ies].” 18 U. S. C. § 924(e)(1) (2000 ed., Supp. V). The question in this case is whether driving under the influence of alcohol is a “violent felony” as the Act defines it. We conclude that it is not. I A Federal law prohibits a previously convicted felon from possessing a firearm. § 922(g)(1) (2000 ed.). A related provision provides for a prison term of up to 10 years for an ordinary offender. § 924(a)(2). The Armed Career Criminal Act imposes a more stringent 15-year mandatory minimum sentence on an offender who has three prior convictions “for a violent felony or a serious drug offense.” § 924(e)(1) (2000 ed., Supp. V). The Act defines a “violent felony” as “any crime punishable by imprisonment for a term exceeding one year” that “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or “(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” § 924(e)(2)(B) (2000 ed.). We here consider whether driving under the influence of…
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