Begay v. United States
| Begay v. United States | |
|---|---|
 U.S. Court of Appeals for the Tenth Circuit . 470 F.3d 964. | |
| Holding | |
| Felony driving while intoxicated is not a “violent felony” within meaning of section of the Armed Career Criminal Act imposing special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who have three or more convictions for violent felonies. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by Roberts, Stevens, Kennedy, Ginsburg |
| Concurrence | Scalia (in judgment) |
| Dissent | Alito, joined by Souter, Thomas |
| Laws applied | |
| 18 U.S.C. § 924(e)(1) | |
Begay v. United States, 553 U.S. 137 (2008), is a
Background
Larry Begay had multiple
Under federal law it is illegal for a convicted felon to possess a firearm.[2] Begay pleaded guilty in federal court to unlawful possession of a firearm. The pre-sentencing report showed that Begay had been convicted twelve times of DUI. Under New Mexico law, each DUI conviction after the first three was considered a felony.[3][4]
The
Opinion of the Court
In a 6–3 vote, the Court held that DUI was not a "violent felony" because the crime was too different from the violent felony examples provided by Congress in the Armed Career Criminal Act (such as burglary, arson and extortion). Therefore, Begay should not have been subject to the mandatory sentencing hike.
Justice Breyer wrote the majority opinion with Justice Scalia concurring. Justice Alito dissented, with Justices Thomas and Souter, joining.[7]
References
- ^ Begay had pointed a rifle at his sister and aunt and had pulled the trigger, but the weapon failed to discharge. The police were called and found Begay in possession of a .22 caliber rifle.
- Gun Control Act, at 18 U.S.C. §922(g)(1), makes it a crime for a convicted felon to possess a firearm.
- ^ Accordingly, Begay had at least nine felony convictions for DUI, and may have had more if any of his first three DUI convictions was felonious.
- ^ "Court rules DUI does not count as violent felony". Associated Press. April 16, 2008.[dead link]
- ^ 18 U. S. C. §924(e)(1)
- ^ Northwestern University, Medill School of Journalism Supreme Court Docket – Begay v. United States ([1])
- ^ U.S. Supreme Court: Written Opinion (https://www.supremecourt.gov/opinions/07pdf/06-11543.pdf)
External links
- Text of Begay v. United States, 553 U.S. 137 (2008) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)
- Oral Argument Transcript