Monday, July 21, 2003

Is "failure to stop for a blue light" a violent felony for federal sentencing purposes

In U.S. v. James, the Fourth Circuit in an opinion by Judge Gregory joined by Judges Neimeyer and Shedd concluded that the defendant's conviction under South Carolina state law for "failure to stop for a blue light, S.C. Code Ann. § 56-5-750" was properly considered a "violent felony" for purposes of the armed career criminal enhancement under federal sentencing law.

Apparently, failure to stop for a blue light does not involve an inadequate response to an in-store sales promotion at K-Mart.

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