Begay v. United States

Infobox SCOTUS case
Litigants=Begay v. United States
ArgueDate=January 15
ArgueYear=2008
DecideDate=April 16
DecideYear=2008
FullName=Larry Begay v. United States
USVol=
USPage=
CitationNew=553 U.S. ___; 128 S. Ct. 1581; 170 L. Ed. 2d 490; 2008 U.S. LEXIS 3474; 76 U.S.L.W. 4228; 21 Fla. L. Weekly Fed. S 188; 08 Cal. Daily Op. Serv. 4462, 2008 Daily Journal D.A.R. 5389
Prior=Writ of certiorari to the U.S. Court of Appeals for the Tenth Circuit. 470 F.3d 964.
Subsequent=
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.
Docket=06-11543
Oral Argument=
SCOTUS=2008
Majority=Breyer
JoinMajority=Roberts, Stevens, Kennedy, Ginsburg
Concurrence=Scalia (in the judgment)
Dissent=Alito
JoinDissent=Souter, Thomas
LawsApplied=usc|18|924(e)(1)

"Begay v. United States", 553 U.S. ___ (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.

Facts

New Mexico resident Larry Begay had three felony convictions for drunken driving in New Mexico. He pleaded guilty to possessing a gun, which is illegal after having been convicted of a felony. Prior to the firearm arrest, Mr. Begay had been convicted twelve times of driving while intoxicated. Under New Mexico law, each driving while intoxicated conviction after the first three were considered felonies. [Associated Press: Court rules DUI does not count as violent felony (http://ap.google.com/article/ALeqM5iBqxtn2gkBjjR26hH9kizkPP8qSwD9031TL83) Published April 16, 2008]

The U.S. District Court for the District of New Mexico concluded that the DWI convictions were violent felonies, triggering the federal career criminal law’s 15-year mandatory minimum sentence. A divided United States Court of Appeals for the Tenth Circuit panel affirmed the decision to treat the DWIs as violent felonies. [Northwestern University, Medill School of Journalism Supreme Court Docket - Begay v. United States (http://docket.medill.northwestern.edu/archives/004621.php)]

Conclusion

In a 6-3 vote, the Court held that Mr. Begay's DWI convictions did not qualify as "violent felonies" because they were too different from the violent felony examples provided by Congress in the Armed Career Criminal Act (such as burglary, arson and extortion). Therefore, Mr. 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. [U.S. Supreme Court: Written Opinion (http://www.supremecourtus.gov/opinions/07pdf/06-11543.pdf)]

ee also

* List of United States Supreme Court cases, volume 553

References

External links

* [http://www.supremecourtus.gov/opinions/07pdf/06-11543.pdf Written Opinion]
* [http://supremecourtus.gov/oral_arguments/argument_transcripts/06-11543.pdf Oral Argument Transcript]
* [http://www.scotuswiki.com/index.php?title=Begay_v._US SCOTUSWiki: Begay v. United States]
* [http://www.oyez.org/cases/2000-2009/2007/2007_06_11543/ Oyez: Begay v. United States]