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

The Epoch Times Header

The Supreme Court ruled in favor of a criminal defendant, voting 7โ€“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 courtโ€™s ruling in another gun-related case that challenges New York Stateโ€™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 Taylorโ€™s accomplice fatally shot him. Federal prosecutors charged Taylor under 18 U.S.C. 924(c), which punishes anyone who โ€œuses or carries a firearmโ€ โ€œduring and in relation to any crime of violence,โ€ or who possesses a firearm โ€œin furtherance of any such crime,โ€ according to court documents.

A โ€œcrime of violenceโ€ is defined as a crime that has โ€œas an element the use, attempted use, or threatened use of physical force against the person or property of another.โ€ A conviction carries a minimum five-year prison sentence.

Prosecutors predicated the 924(c) charge on Taylorโ€™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 โ€œcrime of violenceโ€ under the residual clause of 924(c). The residual clause provides that โ€œa crime of violence can also include any felony that, โ€˜by its nature,โ€™ entails โ€˜a substantial riskโ€™ of physical force.โ€

A federal district court accepted Taylorโ€™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

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.

Columns

Legal Battles, Accusations of Bias as Americaโ€™s Public Media Faces Uncertain Future

Voice of America says it shares a message of freedom and hope, while the Trump administration calls it โ€˜radical propaganda.โ€™

Are Liberal Democrats Faking Things These Days?

The โ€œFighting Oligarchyโ€ rally in Nampa, Idaho has even AI applications confirming suspicions the video of AOC and her new bogus accent are doctored.

Congress Is Looking at Medicaidโ€”What to Know

Medicaid serves nearly a quarter of the U.S. population,...

Ukraineโ€™s Extension of Martial Law Exposes Zelenskyโ€™s Fear of Losing Re-Election

Ukraine extended martial law exposing Zelensky's fear of losing re-election. Heโ€™s very unpopular, and he likely fears that the US wants to replace him.

Trumpโ€™s Tariffs Aren’t What You Think

Trump's tariffs are misunderstood โ€“ they are in fact part of a larger, more involved scheme which could reset America's global economic relations.

News

Trump Admin Accuses New York Attorney General of Possible Mortgage Fraud

Trump administration referred NY AG Letitia James to the DOJ for possible criminal charges in connection with alleged mortgage fraud.

Appeals Court Denies Trump Adminโ€™s Request to Intervene in Case of Man Deported to El Salvador

Court of Appeals denied Trump adminโ€™s request to block federal judgeโ€™s orders, one of which is to facilitate return of illegal immigrant from El Salvador.

6 Hospitalized After Shooting at Florida State University

After reporting active shooter on campus and locking down, emergency alert system for FSU announced law enforcement โ€œneutralized the threat.โ€

Supreme Court to Hear Arguments in Challenge to Trumpโ€™s Birthright Citizenship Order

Supreme Court left in place lower court orders blocking Trumpโ€™s policy of limiting birthright citizenship for certain individuals and scheduled oral argument for next month.

Multiple Victims After Active Shooter Reported at Florida State University

Police responded to an active shooter report on the campus of Florida State University (FSU) on April 17, with multiple people hospitalized.

Police at Jan. 6 Capitol Rally Ask Supreme Court to Protect Identities in Dispute

Four current and former Seattle police officers who attended Jan. 6 capitol rally ask Supreme Court to protect their identities in dispute.

Trump Pushes for Rate Cut, Says Powellโ€™s โ€˜Termination Cannot Come Fast Enoughโ€™

President Trump renewed his call for the Federal Reserve to cut interest rates, saying Fed Chair Jerome Powellโ€™s โ€œtermination cannot come fast enough.โ€

Google Violated Antitrust Law With Ad Tech Business, Court Rules

Federal judge ruled Google violated antitrust law in its ad technology practices, marking major loss and potential large-scale changes to its business.
spot_img

Related Articles