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ARMED CAREER CRIMINAL ACT (access required)

By: Sylvia Hsieh
Published: January 10, 2011

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Do a defendant’s prior drug convictions qualify as “serious drug offenses” for purposes of a sentence enhancement under the federal career offender statute if the maximum state penalty didn’t reach the required ten years at the time of federal sentencing?

High Court takes up exception to sentencing enhancement statute (access required)

By: Kimberly Atkins
Published: October 5, 2010

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WASHINGTON – The U.S. Supreme Court took up a case Monday that considers whether jail time should run consecutively or concurrently under a sentence-enhancing law criminalizing the use or carrying of a firearm in the commission of a crime of violence or drug trafficking.

ARMED CAREER CRIMINAL ACT (access required)

By: Nora Tooher
Published: September 29, 2010

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Does using a vehicle while knowingly or intentionally fleeing from a law enforcement

officer after being ordered to stop constitute a ‘violent felony” under the Armed Career

Criminal Act, 18 U.S.C. § 924(e)?

Sykes v. U.S., No. 09-11311. Certiorari granted Sept. 28, 2010. Ruling below: 598 F.3d 334
» Continue Reading.

Court to rule whether use of vehicle is ‘violent felony’ (access required)

By: Nora Tooher
Published: September 29, 2010

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The U.S. Supreme Court has agreed to decide whether using a vehicle to flee from police after being ordered to stop constitutes a “violent felony” justifying a longer sentence under the Armed Career Criminal Act.

Juvenile conviction can be considered during career criminal sentencing (access required)

By: Allison McAndrew
Published: August 13, 2010

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A defendant’s juvenile conviction for assault may be considered in determining whether he was an armed career criminal under the federal Armed Career Criminal Act, the 6th Circuit has ruled.

Justices rule in ‘violent felony’ case (access required)

By: Pat Murphy
Published: March 2, 2010

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A defendant’s prior conviction for simple battery under state law didn’t justify an enhanced sentence under the federal career offender statute, the U.S. Supreme Court has ruled in vacating a sentence.

ARMED CAREER CRIMINAL ACT (access required)

By: Pat Murphy
Published: March 2, 2010

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A defendant’s prior conviction for simple battery under state law didn’t justify an enhanced sentence under the federal career offender statute.

See “Justices rule in ‘violent felony’ case.”

U.S. Supreme Court. Johnson v. U.S., No. 08-6925. March 2 2010.
» Continue Reading.

When is a felony ‘violent’ enough? (access required)

By: Kimberly Atkins
Published: October 6, 2009

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WASHINGTON – The U.S. Supreme Court is set to decide when a prior conviction qualifies as a “violent felony” under a federal sentencing enhancement statute.

When is a ‘felony’ not a ‘violent felony’? (access required)

By: Susan Bocamazo
Published: September 11, 2009

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The U.S. Supreme Court is set to decide when a felony is a “violent” felony, for purposes of a sentencing enhancement under the Armed Career Criminal Act.

Is battery a ‘violent’ felony? (access required)

By: Reni Gertner
Published: March 16, 2009

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The U.S. Supreme Court has agreed to decide whether a defendant’s prior conviction for felony battery constitutes a “violent” felony for the purpose of imposing a heightened sentence under the federal statute governing career criminals.

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