Wednesday, June 25, 2008

DWI Not a Predicate for Career Offender Definition

United States v. Tiger, ___F.3d___, 2008 WL 2498052 (10th Cir. 2008)
In a Begay remand, the COA extends Begay from the determination that a DWI does not satisfy the statutory ACCA “crime of violence” definition to a determination that a DWI does not satisfying the USSG Sec. 4B1.1 career offender definition (4B1.2(a)) for crime of violence.