SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to LaFave
United States v. Cole
Citation:
622 F. Supp. 2d 632 (2008)Facts
Corey Cole pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The government sought to enhance his sentence under the Armed Career Criminal Act, which mandates a minimum 15-year sentence for defendants with three prior convictions for violent felonies. Among Cole’s prior convictions was an escape from a halfway house, which the government argued qualified as a “violent felony.” Cole’s escape involved simply walking away from a non-secure facility without using force, violence, or creating a confrontation with authorities. The court had to determine whether this “walkaway” escape presented the serious potential risk of physical injury to another required to qualify as a violent felony under the ACCA.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
10m 5sTopic Outline 
Topic Refresher Course 