Talk:Armed Career Criminal Act

Latest comment: 15 years ago by Shadowjams in topic 924(e)

In connection with a firearm

edit

I've put back in most of the changed content, but cleaned up the formatting substantially. There is a comment that Begay means the ACCA isn't limited to gun crimes, but that doesn't seem to be the case after glancing at Begay. The first page makes it clear that the Act enhances penalties for 922(g) if the individual has had three previous convictions. The prior convictions need not be gun crimes, but the immediate charge requires gun possession (under 924(e)). In fact, 924(e) is expressly limited to those that violate 922(g):

(e)(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).

In Begay the immediate (and federal) crime was for 922(g), possessing a firearm. The question was if the previous DUI convictions were violent. Shadowjams (talk) 19:05, 2 March 2009 (UTC)Reply

924(e)

edit

Is this the only current codified part of the statute? The sentence enhancement part has been the most looked at, but are there other statutes affected by the Act, after amendment, other than 924(e)? Shadowjams (talk) 19:15, 2 March 2009 (UTC)Reply