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Read Section 4, dope
Posted on: November 22, 2017 at 10:35:44 CT
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https://fas.org/sgp/crs/misc/R41449.pdf
and next time, do your own ****ing homework.
Violent Felonies
The assessment of whether a past crime constitutes a violent felony for purposes of §924(e) is
more complicated than whether a drug offense is a serious drug offense for such purposes. The
task involves an examination of “how the law defines the offense and not ... how an individual
offender might have committed it on a particular occasion.”22 Violent felony predicates under
§924(e) come in three varieties: offenses in which the use of physical force is an element;
offenses of the burglary/arson/extortion class; and offenses under the residual clause, that is,
offenses comparable to the burglary/arson/extortion class of offenses.23
Physical force. The physical force category consists of those offenses that have “as an element
the use, attempted use, or threatened use of physical force against the person of another.”24
“Physical force” here means “violent force - that is, force capable of causing physical pain or
injury to another person.”25 Thus, it does not include state convictions for intentional touching of
another, such as the Florida statute in Johnson,
26 but it does include convictions for the threatened
use of violent force.27
Burglary et al. The second variety of violent felony predicates consists of the crimes of burglary,
arson, extortion, or the use of explosives.28 As noted earlier, whether a prior conviction qualifies
as a conviction for burglary, arson, extortion or use of explosives depends upon whether the crime
of conviction—as evidenced by the statutory elements, indictments, jury instructions, or
comparable court records—matches the generic description of one of those offenses.29
Residual clause. The Supreme Court had previously held that the crimes found in the residual
clause (crimes that “otherwise involve ...”) were only those similar to the enumerated crimes of
burglary, arson, extortion and the use of explosives, those marked by “purposeful, violent and
and next time, do your own ****ing homework.
Violent Felonies
The assessment of whether a past crime constitutes a violent felony for purposes of §924(e) is
more complicated than whether a drug offense is a serious drug offense for such purposes. The
task involves an examination of “how the law defines the offense and not ... how an individual
offender might have committed it on a particular occasion.”22 Violent felony predicates under
§924(e) come in three varieties: offenses in which the use of physical force is an element;
offenses of the burglary/arson/extortion class; and offenses under the residual clause, that is,
offenses comparable to the burglary/arson/extortion class of offenses.23
Physical force. The physical force category consists of those offenses that have “as an element
the use, attempted use, or threatened use of physical force against the person of another.”24
“Physical force” here means “violent force - that is, force capable of causing physical pain or
injury to another person.”25 Thus, it does not include state convictions for intentional touching of
another, such as the Florida statute in Johnson,
26 but it does include convictions for the threatened
use of violent force.27
Burglary et al. The second variety of violent felony predicates consists of the crimes of burglary,
arson, extortion, or the use of explosives.28 As noted earlier, whether a prior conviction qualifies
as a conviction for burglary, arson, extortion or use of explosives depends upon whether the crime
of conviction—as evidenced by the statutory elements, indictments, jury instructions, or
comparable court records—matches the generic description of one of those offenses.29
Residual clause. The Supreme Court had previously held that the crimes found in the residual
clause (crimes that “otherwise involve ...”) were only those similar to the enumerated crimes of
burglary, arson, extortion and the use of explosives, those marked by “purposeful, violent and
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Read Section 4, dope - 90Tiger MU - 11/22 10:35:44