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.

A bobblehead too far

The Orioles did not just hand out a bobblehead. They sent a message that the legacy of their own players is not enough to draw.

Congress fumbles college sports

College sports landscape is a dumpster fire and every sports reporter, broadcaster and fan believes Congress needs to stay out of it.

The Hating Game

The Democrat Party game show should be titled "The Hating Game", played by pitting one class, race, or identity against another for political power.

The Invasion Of The Ballot Snatchers

As election results loom, California faces ballot controversies in a real-life political drama that raises concerns about election integrity.

The politics of perception

Shapiro relies on big-money fundraising, while Garrity’s campaign emphasizes local support and fiscal discipline.

Protests in Los Angeles as Iranian Soccer Team Arrives for 1st World Cup Match

Iranian Americans protested against the regime in Tehran as the Iranian soccer team arrived in LA for their first World Cup match against New Zealand on June 15.

CMS Proposes Creating Permanent Framework for Medicare Drug Price Negotiations

CMS proposed a permanent framework for its Medicare drug price negotiation program that will make the process for lowering costs more transparent.

Treasury Broadens Bank Data-Sharing Rules to Target Fraud

The Treasury Department issued new guidelines allowing banks to more easily share customer data when investigating fraud and crime.

US Military Strike Killed Tren de Aragua Leader Niño Guerrero: Trump

Trump say U.S. military strike killed Héctor Rusthenford Guerrero Flores, (Niño Guerrero), the leader of the Venezuelan gang Tren de Aragua.

Trump Threatens 100 Percent Tariff on French Wines Over Digital Services Tax

Trump threatened to impose a 100% tariff on French wines and champagne unless France eliminates its digital services tax on large American tech companies.

Trump Heads to G7 Summit in France: Here’s What to Expect

U.S. President Donald Trump is en route to France on June 15 to attend the annual G7 summit, just hours after announcing a deal with Iran.

Trump Reopens Pacific Marine Monuments to Commercial Fishing

President Donald Trump on Thursday issued a proclamation reopening large portions of several Pacific marine national monuments to commercial fishing.

Trump Says US ‘Not Looking to Renew’ Trade Deal With Canada, Mexico Ahead of July Review

President Trump is considering not renewing the North American free trade deal, citing U.S. being better off without goods produced by Canada and Mexico.
spot_img

Related Articles

Popular Categories

MAGA Business Central