Marcus Sykes, Petitioner v. United States (564 U.S. 1)

U.S. Supreme Court · decided June 9, 2011 · Supreme Court Database (Spaeth)

Citation
564 U.S. 1 · 131 S. Ct. 2267
Decided
June 9, 2011
Term
October Term 2010
Vote
6–3
Majority author
Justice Kennedy
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Kennedy delivered the opinion of the Court. It is a federal crime for a convicted felon to be in unlawful possession of a firearm. 18 U. S. C. § 922(g)(1). The ordinary maximum sentence for that crime is 10 years of imprisonment. § 924(a)(2). If, however, when the unlawful possession occurred, the felon had three previous convictions for a violent felony or serious drug offense, the punishment is increased to a minimum term of 15 years. § 924(e). The instant case is another in a series in which the Court is called upon to interpret § 924(e) to determine if a particular previous conviction was for a “violent felony/’ as that term is used in the punishment enhancement statute. See James v. United States, 550 U. S. 192 (2007); Begay v. United States, 553 U. S. 137 (2008); Chambers v. United States, 555 U. S. 122 (2009). In this case the previous conviction in question is under an Indiana statute that makes it a criminal offense whenever the driver of a vehicle knowingly or intentionally “flees from a law enforcement officer.” Ind. Code §35-44-3-3 (2004). The relevant text of the statute is set out in the discussion below. For the reasons explained, the vehicle flight that the statute proscribes is a violent felony as the federal statute uses that term. I Petitioner Marcus Sykes pleaded guilty to being a felon in possession of a firearm, 18 U. S. C. § 922(g)(1), in…

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