Begay v. United States
Federal law prohibits convicted felons from possessing firearms, and the Armed Career Criminal Act (“ACCA”) mandates increased prison sentences for violators of this provision who have three or more prior “violent felony” convictions. Petitioner Larry Begay (“Begay”) had at least three prior convictions for felony driving while intoxicated (“DWI”) when he pled guilty to federal firearms possession charges. The trial court held that felony DWI is a “violent felony,” and therefore sentenced Begay to a lengthy prison term under the ACCA. In deciding Begay’s appeal from this sentence, the Court will consider whether the ACCA’s “violent felony” definition encompasses felony DWI. A decision favoring Begay would likely limit the scope of the definition to felonies similar to those specifically listed in the ACCA: burglary, arson, extortion, and crimes using explosives. On the other hand, a decision in favor of the United States would likely extend the reach of the definition to all dangerous felonies.
Questions as Framed for the Court by the Parties
Larry Begay (“Begay”) has struggled with alcoholism “for the better part of his life.” United States v. Begay, 470 F.3d 964, 966 (10th Cir.
Additional Resources
- Centers for Disease Control and Prevention – Impaired Driving
- Mothers Against Drunk Driving
- David Ziemer, Drunk Driving is a 'Violent Felony,' Wisconsin Law Journal, Dec. 28, 2005.
- Sheila Burke, DUI convictions can't be erased, Tennessean.com, Nov. 24, 2007.