Court limits use of law aimed at career criminals
Legal News Center
The Supreme Court has ruled that a failure to report for prison does not count as a violent crime under a federal law intended to keep repeat criminals in prison longer.
A unanimous court on Tuesday threw out a mandatory 15-year prison term given to Deondery Chambers, who pleaded guilty to being a felon in possession of a gun. Chambers had three prior convictions, which prosecutors argued and lower courts agreed brought him under the federal Armed Career Criminal Act.
But one of Chambers' convictions was for his "failure to report" for weekend jail stays. The government contended that not showing up for the weekend confinement was akin to an escape and should be treated as a violent crime.
Justice Stephen Breyer rejected that argument in his opinion for the court. Breyer said a report that examined failures to report to prison found no evidence that defendants were more likely to resist arrest and potentially injure law enforcement officers or others.
In a separate opinion, Justice Samuel Alito said the court is called on too often to interpret the career criminal law and suggested that Congress come up with a list of specific crimes that should trigger application of the law.
In a second criminal case, the court unanimously ruled for a Texas prison inmate seeking federal review of his 43-year prison term. The federal appeals court in New Orleans was wrong to find that Carlos Jiminez had missed a deadline for filing his paperwork in federal court, Justice Clarence Thomas said for the court.
The cases are Chambers v. U.S., 06-11206, and Jiminez v. Quarterman, 07-6984.
Related listings
-
Speedy trial issue lands before US Supreme Court
Legal News Center 01/12/2009After he was charged with hitting his girlfriend in the face, career criminal Michael Brillon sat in jail without bail for nearly three years, going through six public defenders before being tried for assault.The delays paid off — for Brillon: A Verm...
-
Court strikes down federal sex offender law
Legal News Center 01/09/2009Congress overstepped its authority when it enacted a law allowing the federal government to hold sex offenders in custody indefinitely beyond the end of their prison terms, a federal appeals court ruled Thursday.The law allowing civil commitment of "...
-
Blackwater guards to appear in court Tuesday
Legal News Center 01/06/2009Five Blackwater Worldwide security guards are expected to appear in federal court to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad.The Blackwater guards are scheduled to appear for arraignment Tuesday aft...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .