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06-11543 BEGAY V. UNITED STATES DECISION BELOW: 470 F3d 964 EXPEDITED BRIEFING SCHEDULE CERT. GRANTED 9/25/2007 QUESTION PRESENTED: Is felony driving while intoxicated a “violent felony” for purposes of the Armed Career Criminal Act? LOWER COURT CASE NUMBER: 05-2253
In the case of Larry Begay v. United States, the Supreme Court was tasked with interpreting a provision of the Armed Career Criminal Act (ACCA), which mandates a 15-year minimum sentence for defendants who have three prior convictions for violent felonies or serious drug offenses. The question before the court was whether Mr. Begay's previous DUI convictions constituted "violent felonies" under ACCA. In an opinion delivered by Justice Breyer in 2008, it held that while driving under influence is dangerous and criminal, it does not involve purposeful, violent and aggressive conduct as required to be classified as a 'violent felony' under ACCA guidelines. Therefore, Mr.Begay’s DUI convictions did not qualify as violent felonies warranting enhanced sentencing provisions stipulated by ACCA.
In the dissenting opinion for Larry Begay v. United States, Justice Scalia disagreed with the majority's interpretation of the Armed Career Criminal Act (ACCA). He argued that driving under influence should be considered a violent felony as it involves purposeful, aggressive and risky behavior. The ACCA was designed to target repeat offenders who pose significant risks to public safety due to their likelihood of committing more crimes in future. According to him, DUI offenses are not accidental or negligent conduct but deliberate violations which can result in serious harm or death. Therefore, they fall within ACCA’s definition of violent felonies because they involve substantial risk that physical force may be used against person or property of another during its commission.