Supreme Court Curbs Federal Law That Increases Penalty If Crime Involves Gun

5Mind. The Meme Platform
The Epoch Times Header

The Supreme Court ruled in favor of a criminal defendant, voting 7–2 to curb a federal law that mandates significantly enhanced penalties for crimes involving a firearm.

The June 21 decision came as gun control legislation moved forward in Congress following a series of highly publicized mass shootings. At the same time, Americans are awaiting the high court’s ruling in another gun-related case that challenges New York State’s tough concealed-carry gun permitting system.

In the case at hand, Justin Eugene Taylor was involved in the marijuana trade in Richmond, Virginia. On Aug. 14, 2003, he offered to obtain the drug for a distributor but instead tried to rob the man. The victim resisted and Taylor’s accomplice fatally shot him. Federal prosecutors charged Taylor under 18 U.S.C. 924(c), which punishes anyone who “uses or carries a firearm” “during and in relation to any crime of violence,” or who possesses a firearm “in furtherance of any such crime,” according to court documents.

A “crime of violence” is defined as a crime that has “as an element the use, attempted use, or threatened use of physical force against the person or property of another.” A conviction carries a minimum five-year prison sentence.

Prosecutors predicated the 924(c) charge on Taylor’s commission of attempted Hobbs Act robbery. The Hobbs Act punishes robbery or extortion that has an effect on interstate commerce. Prosecutors cut a deal with Taylor. He agreed to plead guilty to the charge and to conspiracy to commit Hobbs Act robbery. Taylor acknowledged that the attempted robbery was a “crime of violence” under the residual clause of 924(c). The residual clause provides that “a crime of violence can also include any felony that, ‘by its nature,’ entails ‘a substantial risk’ of physical force.”

A federal district court accepted Taylor’s guilty plea to one count under 924(c) and one count under the Hobbs Act, sentencing him to 30 years, a decade more than he could have received for his Hobbs Act conviction alone. The U.S. Court of Appeals for the 4th Circuit rejected his appeal in 2011.

By Matthew Vadum

Read Full Article on TheEpochTimes.com

Contact Your Elected Officials
The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.
00:02:22

Young Washington: Movie Review

Sitting in the theater watching Young Washington, I found myself wondering why this story hadn’t been made into a film sooner.
00:02:08

A Movie That’ll Keep You Awake: A Great Awakening

So how does someone (me) who thinks they’ve just seen the greatest movie ever (A Great Awakening), persuade you to watch it?

Ring That Bell

If I could travel back in time to 1776,...

Thoughts On America 250

Before you, American reader, is the honor, blessing, and privilege of celebrating the 250th anniversary of our nation. A nation toward which God has been merciful, shining His great grace.
00:01:39

Citizen Vigilante Delivers the Warning Western Governments Desperately Need to Hear

Citizen Vigilante shows what happens when the state stops defending the native population and shields favored migrant groups while criminalizing native dissent.
00:02:00

Judge Denies Southern Poverty Law Center’s Bid to Dismiss DOJ Indictment

A federal judge rejected the SPLC bid to dismiss charges brought by the DOJ, saying the nonprofit failed to show that the prosecution against it was vindictive.
00:02:19

Older Homeowners Paying ‘Seniority Tax’ When Refinancing Mortgages: Bankrate

Older U.S. homeowners are increasingly paying a hidden premium when they refinance their mortgages, which a new analysis calls the “seniority tax.”

FBI Undergoing Sweeping Reforms, Fastest Transformation in Bureau’s History: Director Patel

Director Kash Patel’s first 14 months included a major overhaul of the agency’s operations, structure, and technology.
00:02:03

Senate Confirms Todd Blanche as Attorney General

President Trump’s nominee for AG, Todd Blanche, has been confirmed in the Senate after a few fellow Republicans reconsidered their opposition.
00:02:03

Senate Confirms Todd Blanche as Attorney General

President Trump’s nominee for AG, Todd Blanche, has been confirmed in the Senate after a few fellow Republicans reconsidered their opposition.

Senate Confirms 74 Trump Nominees, Including 4 US Attorneys

The Senate confirmed four U.S. attorneys, four U.S. marshals, and the inspector general for the DOJ in a package of 74 executive nominees.
00:02:07

Trump Signs Orders to Curb Birthright Citizenship, Target Birth Tourism

President Trump signed two EOs that will restrict automatic citizenship to ​children born in the US because of commercial birth tourism and several other factors.
00:01:20

Blanche Nomination Advances to Senate Floor Vote

The Senate Judiciary Committee on Aug. 3 advanced the nomination of Todd Blanche as U.S. attorney general after he struck a deal with two GOP holdouts.
spot_img

Related Articles

Popular Categories

MAGA Business Central