Begay v. United States
Encyclopedia
Begay v. United States, 553 U.S. 137 (2008), is a United States Supreme Court
case which held that felony driving while intoxicated is not a "violent felony" for purposes of the Armed Career Criminal Act
.
convictions for driving under the influence
of alcohol (DUI) in New Mexico
. He was found to be in possession of a firearm when he was arrested by the local police in a domestic incident.
Under federal law it is illegal for a convicted felon to possess a firearm. 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.
The U.S. District Court for the District of New Mexico concluded that DUI was a "violent felony" under the Armed Career Criminal Act
, thereby triggering that Act's 15-year mandatory minimum sentence. A divided United States Court of Appeals for the Tenth Circuit
panel affirmed the decision to treat the DUIs as "violent felonies."
Justice Breyer wrote the majority opinion with Justice Scalia concurring. Justice Alito dissented, with Justices Thomas and Souter, joining.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case which held that felony driving while intoxicated is not a "violent felony" for purposes of the Armed Career Criminal Act
Armed Career Criminal Act
The Armed Career Criminal Act of 1984 is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms, if convicted of certain crimes three or more times....
.
Facts
Larry Begay had multiple felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
convictions for driving under the influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
of alcohol (DUI) in New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
. He was found to be in possession of a firearm when he was arrested by the local police in a domestic incident.
Under federal law it is illegal for a convicted felon to possess a firearm. 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.
The U.S. District Court for the District of New Mexico concluded that DUI was a "violent felony" under the Armed Career Criminal Act
Armed Career Criminal Act
The Armed Career Criminal Act of 1984 is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms, if convicted of certain crimes three or more times....
, thereby triggering that Act's 15-year mandatory minimum sentence. A divided United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
panel affirmed the decision to treat the DUIs as "violent felonies."
Conclusion
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.