BEFORE YOU
PICK UP THAT GUN...
In a
culture of pistol-packing, over-arming, shot 'em up bang-bang, I can't live without my pistol, the United
States Supreme Court decided a case
that addresses something called the
Armed Career Criminal Act. In Descamps v United States, 2013 U.S. LEXIS 4698 (June 20, 2013), the Supreme Court
held:
Petitioner
Michael Descamps was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C.
§922(g). That
unadorned offense carries a maximum penalty of 10 years in prison. The Government,
however, sought
an enhanced sentence under ACCA,
based on Descamps' prior state convictions for burglary, robbery, and felony harassment.
ACCA
prescribes a mandatory minimum sentence of 15 years for a person who violates §922(g) and "has
three previous convictions ... for a
violent felony or a serious drug
offense."
§924(e)(1). The Act defines a "violent felony" to mean any
felony, whether state or federal, that "has as an element the use, attempted use, or threatened use
of physical force
against the person
of another," or that "is
burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents
a
serious potential risk of physical injury to another." §924(e)(2)(B). ( ... J Applying the requisite penalty enhancement,
the court sentenced Descamps to 262 months in prison - more than twice the term he would otherwise have received.
Even
though the Supreme Court reversed Descamps' sentence, it did so on a technicality that prevented the Government
from looking behind his prior
burglary conviction in search of record evidence to qualify it as meeting the criteria under the ACCA. Basically what this means is that if you
are caught with a pistol (or any
type of firearm, and you are a convicted felon whose
rap
sheet contains 3 or more violent felonies, the feds can charge you with federal crimes and sentence you to the
federal penitentiary system.
Just
something to consider before you pick up that gun.
Dated this 9th day of December, 2013.
Salaam!
Salaam!
Muslim Mansa Lutalo lyapo
aka
Mr. Rufus West, #225213
P.O. Box 900 (CCI)
Portage, WI 53901
aka
Mr. Rufus West, #225213
P.O. Box 900 (CCI)
Portage, WI 53901