Begay, Begone! ACCA, Aaak!
I’ve posted recently on some of the fallout from the Supreme Court’s April decision in Begay v.United States, but not yet commented on Begay itself. It is a remarkable case. After twelve convictions in state court for DUI, Begay was convicted in federal court for being a felon in possession of a firearm. The sentencing judge found that his prior DUI felony convictions qualified Begay for a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act, which applies to felon-in-possession defendants who have at least three prior convictions for a “violent felony.” The Supreme Court reversed, determining that DUI is a not a “violent felony.” I think this was the right result, but it was reached by the wrong means.