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April 16, 2008

Supreme Court Reverses Tenth Circuit DUI Decision

This morning the Supreme Court issued its decision in Begay v. United States, No. 06-11543.  By a 6-3 decision, the Court reversed the Tenth Circuit's holding that drunk driving constitutes a "violent felony" for purposes of the Armed Career Criminal Act.  (We summarized the Tenth Circuit's opinion here.)  Justices Souter, Thomas and Alito dissented.

I have not had the chance to read the case thoroughly, but first things first: congratulations to Margaret Katze of the New Mexico Federal Public Defender's Office.  She represented Begay at every level, and ably argued the case to the Supreme Court.

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