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.

Trump Exposes the Hypocrisy of Leo’s Papacy    

Pope Leo met with David Axelrod in a private audience. Axelrod, Obama's campaign architect, engineers political narratives for the America’s socialist left.

California Democrats Guilty of RICO Violation?   

In the wake of Nick Shirley’s exposure of government fraud in California, CA Democrats proposed a law making journalistic exposure of crimes a crime.

People Better Wake Up

We are becoming a compartmentalized society, funneled into narrow lanes of information and influence where everything begins to reinforce itself.

Irish Government on the Verge of Collapse Amid Massive Protests?

The restless natives of the Emerald Isle, facing attempted genocide were they not white, have made their largest showing of defiance to date.

The EU’s €90 Billion Loan To Ukraine Is Meant To Buy Time For The Democrats To Return

Orban’s “democratic ouster” is expected to remove Hungary’s procedural opposition to the EU’s planned €90 billion loan to Ukraine.

IMF Cuts Growth Outlook, Warns Iran War Could Push Global Economy to Brink

IMF cuts growth outlook, warning the global economy could near recession if the Iran war worsens, disrupting energy, inflation, markets.

FAA Targets Video Gamers to Alleviate Air Traffic Controller Shortage

To address a nationwide controller shortage, the FAA is launching a hiring push aimed at recruiting skilled video gamers into air traffic careers.

Ratcliffe’s CIA reacts: New Ukraine impeachment evidence exposes Democrats’ ‘bad faith’

Former CIA Director John Ratcliffe defended Trump in 2019 impeachment; new declassified evidence questions accuser credibility and bias.

Chevron Agrees on Asset Swap in Venezuela to Focus on Heavy Oil Projects

Chevron reached agreements with the Venezuelan government to expand its operations in the world’s largest extra-heavy crude oil field, the Orinoco Belt.

Trump Says Pam Bondi is Out as His Attorney General

President Trump says Pam Bondi is out as his Attorney General. Bondi will be replaced by her deputy Todd Blanche, who will serve as acting attorney general.

Trump Signs Order Imposing 100 Percent Tariffs on Certain Imported Pharmaceutical Drugs

President Donald Trump signed executive orders on Thursday raising levies on some medications and refining calculations on steel tariffs.

Trump Says US Core Objectives in Iran Are ‘Nearing Completion’ in Primetime Address

President Trump will deliver a primetime address from the White House on April 1 to update the nation on the U.S. military operation against Iran.
spot_img

Related Articles

Popular Categories

MAGA Business Central