Monday, August 06, 2012

Eluding an offense qualifies as ACCA prior

U.S. v. Denson, 2012 WL 2820978 (7/11/12) (Okl.) (unpub'd) - The defendant's offense of eluding an officer had sufficient mens rea to be a violent felony under the ACCA. Although the offense included the element that the defendant drove in a reckless manner, the offense required a purposeful state of mind with respect to eluding the officer. It didn't matter what the mens rea was with respect to dangerous driving.