Wednesday, June 27, 2007

Tenth Lowers Standard for "Serious" in Determining ACCA Priors

U.S. v. Sanchez, 2007 WL 1765525 (6/20/07)(unpub'd) - The 10th upholds application of an Armed Career Criminal Act application to a sexual assault conviction. Most troublingly, the 10th indicates the S.Ct.'s recent James decision bolsters the notion that the risk to satisfy the "serious potential risk of physical injury to another" provision "need not be very high." Let's just forget about that meaningless "serious" word.