Monday, October 26, 2009

Post-Begay and Chambers, walkaway escape is not a crime of violence

In United States v. Lee (Edmonson, Birch, Cox), the Court held that walkaway escape was not a crime of violence (career offender) or violent felony (ACCA) after the Supreme Court's decisions in Begay v. United States, 128 S. Ct. 1581 (2008), and Chambers v. United States, 129 S. Ct. 687 (2009). The Court also held that Lee, a passenger in an automobile who claimed no property or possessory interest in the car, lacked standing to challenge the search of that car. (Lee holds a soft spot in the heart of your blogger: It was my last argument as an Assistant United States Attorney.)

No comments:

Post a Comment