Congressional Digest

Supreme Court Debates September 2008 No. 6 Vol. 11
Opinion of the Court

Driving Under the Influence

Alcohol, Guns, and Automobiles

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Opinion of the Court

A Felony DWI Conviction Does Not Qualify as a "Violent Felony" Under the ACCA

 The Armed Career Criminal Act [ACCA] imposes a special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who also have three or more previous convictions for committing certain drug crimes or “violent felon[ies]. The question in this case is whether driving under the influence of alcohol is a “violent felony as the Act defines it. We conclude that it is not.   Overview of the Armed Career Criminal Act Federal law prohibits a previously convicted felon frompossessing a firearm. A related provision provides for a prison term of up to10 years for an ordinary offender. The…

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