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Criminal Law Keyed to Osler
Begay v. United States
Citation:553 U.S. 137 (2008)
Defendant threatened his aunt and sister with a rifle. When the police arrested him, he conceded that he was a felony and pleaded guilty of a unlawful possession of a firearm. The statute defines a violent felony as any crime punishable by at least one year in prison and either 1) has an element the use or threat of physical force against another or, b) is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.
Defendant had previously been convicted for a dozen times for driving under the influence (DUI). The sentencing judge found that the defendant had at least three prior convictions of a crime that was punishable by more than a year in prison and that DUI presents a serious potential risk of physical injury to another, and therefore convicted the defendant. Defendant appealed arguing that a DUI is not violent felony.
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