Felony DUI Held to be a Predicate ACCA Offense

U.S. v. Gwartney, 2006 WL 2640616 (9/14/06)(unpub'd) - The 10th holds felony driving while intoxicated is a predicate felony for ACCA purposes. The 10th relies on the defendant's concession that its decision in U.S. v. Moore, 420 F.3d 1218 (10th Cir. 2005), controls. In Moore, in addressing identical language, the 10th found DWI to be a crime of violence for career offender purposes.