Begay v. United States

Begay v. United States, 553 U.S. 137 (2008), is a United States Supreme Court case which held that felony driving while intoxicated is not a "violent felony" for purposes of the Armed Career Criminal Act.

Begay v. United States
Supreme Court of the United States
Argued January 15, 2008 Decided April 16, 2008
Full case name	Larry Begay v. United States
Docket no.	06-11543
Citations	553 U.S. 137 (more) 128 S. Ct. 1581; 170 L. Ed. 2d 490; 2008 U.S. LEXIS 3474; 76 U.S.L.W. 4228; 21 Fla. L. Weekly Fed. S 188; 08 Cal. Daily Op. Serv. 4462, 2008 Daily Journal D.A.R. 5389
Case history
Prior	Writ of certiorari to the U.S. Court of Appeals for the Tenth Circuit. 470 F.3d 964.
Holding
Felony driving while intoxicated is not a “violent felony” within meaning of section of the Armed Career Criminal Act imposing special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who have three or more convictions for violent felonies.
Court membership
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Breyer, joined by Roberts, Stevens, Kennedy, Ginsburg
Concurrence	Scalia (in judgment)
Dissent	Alito, joined by Souter, Thomas
Laws applied
18 U.S.C. § 924(e)(1)

Background

Larry Begay had multiple felony convictions for driving under the influence of alcohol (DUI) in New Mexico. He was found to be in possession of a firearm when he was arrested by the local police in a domestic incident.^[1]

Under federal law it is illegal for a convicted felon to possess a firearm.^[2] Begay pleaded guilty in federal court to unlawful possession of a firearm. The pre-sentencing report showed that Begay had been convicted twelve times of DUI. Under New Mexico law, each DUI conviction after the first three was considered a felony.^[3][4]

The U.S. District Court for the District of New Mexico concluded that DUI was a "violent felony" under the Armed Career Criminal Act,^[5] thereby triggering that Act's 15-year mandatory minimum sentence. A divided United States Court of Appeals for the Tenth Circuit panel affirmed the decision to treat the DUIs as "violent felonies."^[6]

Opinion of the Court

In a 6–3 vote, the Court held that DUI was not a "violent felony" because the crime was too different from the violent felony examples provided by Congress in the Armed Career Criminal Act (such as burglary, arson and extortion). Therefore, Begay should not have been subject to the mandatory sentencing hike.

Justice Breyer wrote the majority opinion with Justice Scalia concurring. Justice Alito dissented, with Justices Thomas and Souter, joining.^[7]