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.

America’s Most Sacred Right: The Vote

If you are an American citizen, it is imperative that you understand that the right to vote is the most important right you possess.

Death to those Challenging Democrats?

More than a few Republican candidates have dropped out of key political races after members of their families have died under suspicious circumstances.

Generation skeptical

A News Literacy Project (NLP)  report lands like a brick: 84% of teenagers think journalism is a con, a carnival game where spin wins every prize.

Taking the Hype Out of Hypotheticals

There is a growing tendency in our national debate to substitute emotion for precision. Immigration enforcement is no longer discussed primarily as policy.

Are Epstein’s Worst Sins Being Confirmed?

WARNING: THIS ARTICLE HAS DISTURBING CONTENT OF A SENSITIVE...

No Arrests in Nancy Guthrie Case After Major Operation Near Her Home

No arrests have been made in the Nancy Guthrie case after a night of heavy police activity two miles from the missing 84-year-old’s home.

Trump Admin Launches Investigation Into Texas’s Muslim-Only Community Project

HUD probes Texas Muslim housing project amid allegations of religious and nationality-based discrimination.

Whistleblowers Exposing Fraud Can Receive Up to 30 Percent of Fine Amounts: Bessent

Whistleblowers who expose fraud involving government funds can get up to 30 percent of the fines imposed on violators, Bessent said in a interview with CNBC.

FAA Mandates Airlines to Affirm Merit Hiring for Pilots

FAA is issuing a new mandatory rule that requires all commercial airlines in the country to formally commit to merit-based hiring for pilots.

Trump Admin Unveils Maritime Action Plan to Revive US Shipbuilding

The Trump administration unveiled a comprehensive Maritime Action Plan on Feb. 13 meant to resurrect the U.S. shipbuilding sector.

Trump Says US Military ‘Best-Trained, Best-Equipped’ Under His Administration

President Donald Trump highlighted military successes and investments during a speech to soldiers in Fayetteville, North Carolina.

Trump Says 2nd Carrier Group to Middle East Will Be Leaving Soon

Trump told reporters he is sending a second U.S. aircraft carrier strike group to the Middle East, in case ongoing negotiations with Iran fall through.

US, Taiwan Reach Trade Deal to Cut Tariffs, Boost Purchases of US Goods

U.S. and Taiwan sign trade deal with 15% tariff on Taiwanese imports, expanding U.S. access for beef, pork, dairy, wheat, and autos.
spot_img

Related Articles

Popular Categories

MAGA Business Central