« Why did Justice Alito withdraw from Sentencing Initiative? | Main | Let's get ready to Booker rumble... »

March 15, 2006

Eighth Circuit en banc on DWI as violent felonies

In a lengthy en banc opinion, the Eighth Circuit today in US v. McCall, No. 04-1143 (8th Cir. Mar. 16, 2006) (available here), addresses whether and when DWI can qualify as "violent felony" for purposes of § 924(e)(2)(B)(ii).  Here is the description of the McCall ruling from the Eighth Circuit's official opinion page:

A Missouri felony driving while intoxicated conviction is a conviction for a violent felony for the "otherwise involves" provision of 18 U.S.C. Sec. 924(e)(2)(B)(ii); however, because the Missouri felony driving while intoxicated offense includes non-driving conduct as well, the case must be remanded for further sentencing proceedings at which the government may seek to prove that defendant's prior convictions were driving offenses, using the limited universe of evidence permitted in Taylor v. United States, 495 U.S. 575 (1990) and Shepard v. United States, 125 S. Ct 1254 (2005). Judge Lay, dissenting, joined by Judge Wollman and Judge Bye.

March 15, 2006 at 11:59 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d83528902b53ef

Listed below are links to weblogs that reference Eighth Circuit en banc on DWI as violent felonies:

Comments

Member of the General Public:

Many have never heard of what’s called expungement. Just having a DUI expungement can open the possibility of getting your license back after a DUI. To expunge a DUI usually means also not having to report a DUI on certain applications pertaining to employment or other personal matters. In addition, a properly expunged DUI record is generally prohibited form appearing on pre-employment background checks or other sensitive inquirys. Not all criminal records are eligible for expungement, obviously, as several conditions may apply such as past criminal history, the purpose of the expungement, and the severity of the offense for which expungement is being considered. An expungement is usually blotted out from a person’s legal records but not totally obliterated. Nevertheless, to expunge a DUI is practically unheard of and the effects are amazingly positive as http://drivingafterdui.com explains.

Posted by: Voltolio (DUI Implications) | Mar 25, 2008 3:51:50 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB