Simmons, Jannace & Stagg
James v. United States
The decision in James v. United States clarified the Armed Career Criminal Act (ACCA). Under this act, an individual found guilty of being a felon in possession of a firearm, if there are three prior violent felony or drug offenses, is subject to a mandatory 15 year prison sentence. James pled guilty to being a felon in possession of a firearm, and per the Armed Career Criminal Act, was sentenced to the mandatory 15 year prison term. James appealed on the grounds that his prior attempted burglary conviction was not a violent felony. The district court and Eleventh Circuit Court affirmed that attempted burglary was, indeed, a violent felony and thus fell within the Armed Career Criminal Act. Neither the text of the Armed Career Criminal Act nor its legislative history in any way excludes attempted crimes from the purview of the sentencing regulations.
Florida state law defined a violent crime as one that posed a danger of violence. The Florida courts decided that attempted burglaries, possibly even more so than completed burglaries, do pose a risk of confrontation and ensuing violence, thus meeting the state standard for the definition of a violent felony. The state does not, however, take specifics of an individual situation into consideration. The U.S. Supreme Court sided with the Florida state government in this matter; however, Justices Scalia, Stevens, Ginsberg, and Thomas filed dissenting opinions. The reasons for their dissent included possible sixth amendment complications and the question of whether attempted burglary should, in fact, be qualified as a violent felony offense.
Click here to learn more about Debra L. Wabnik of Simmons, Jannace & Stagg
