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Begay v. United States : ウィキペディア英語版 | Begay v. United States
''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. == Background == Larry Begay had multiple felony 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.〔Begay had pointed a rifle at his sister and aunt and had pulled the trigger, but the weapon failed to discharge. The police were called and found Begay in possession of a .22 caliber rifle.〕 Under federal law〔The federal Gun Control Act, at 18 U.S.C. §922(g)(1), makes it a crime for a convicted felon to possess a firearm.〕 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.〔Accordingly, Begay had at least nine felony convictions for DUI, and may have had more if any of his first three DUI convictions was felonious.〕〔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 DUI was a "violent felony" under the Armed Career Criminal Act,〔18 U. S. C. §924(e)(1)〕 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."〔Northwestern University, Medill School of Journalism Supreme Court Docket - Begay v. United States (http://docket.medill.northwestern.edu/archives/004621.php)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Begay v. United States」の詳細全文を読む
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