Begay v. United States

Begay v. United States
Argued January 15, 2008
Decided April 16, 2008
Full case nameLarry Begay v. United States
Docket no.06-11543
Citations553 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
PriorWrit 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
MajorityBreyer, joined by Roberts, Stevens, Kennedy, Ginsburg
ConcurrenceScalia (in judgment)
DissentAlito, joined by Souter, Thomas
Laws applied
18 U.S.C. § 924(e)(1)

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.


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