Begay v. United States
Begay pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to 188 months imprisonment after determined that each of his three previous felony convictions for driving while intoxicated was a “violent felony” under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). The ACCA provides for a mandatory jail term of at least 180 months for defendants convicted under 922(g)(1) who have three prior convictions for violent felonies. The ACCA defines a violent felony as a crime punishable by more than one year in jail that "involves conduct that presents a serious potential risk of physical injury to another."
The Tenth Circuit Court of Appeals affirmed, holding that driving while intoxicated was a violent felony under the ACCA.
Question Presented:
Is felony driving while intoxicated a “violent felony” for purposes of the Armed Career Criminal Act?
