tag:blogger.com,1999:blog-9419507.post3566866231261730759..comments2023-08-25T03:08:04.655-04:00Comments on Fourth Circuit Blog: Non-Forcible Statutory Rape Not "Violent Felony" Under ACCAPaul M. Rashkindhttp://www.blogger.com/profile/02097192160938820781noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-9419507.post-42529027144342282682009-02-13T09:27:00.000-05:002009-02-13T09:27:00.000-05:00Thanks. Roseboro is definitely on point. I haven't...Thanks. Roseboro is definitely on point. I haven't decided yet if it helps or hurts...Not really sure that that analysis actually follows Begay's "categorical approach", but it certainly has language that is useful for my issue. I have really enjoyed your blog and I appreciate your input.Unknownhttps://www.blogger.com/profile/11422698172946155424noreply@blogger.comtag:blogger.com,1999:blog-9419507.post-41415237695748615482009-02-12T15:30:00.000-05:002009-02-12T15:30:00.000-05:00Also take a look at Roseboro (http://circuit4.blog...Also take a look at <I>Roseboro</I> (http://circuit4.blogspot.com/2009/01/begay-trumps-james.html), which involves the same analysis with regards to "failing to stop for a blue light" offense in South Carolina. That should also be helpful to you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9419507.post-62696188950264382372009-02-12T15:22:00.000-05:002009-02-12T15:22:00.000-05:00Great post! I have a Federal Felon in Possession (...Great post! I have a Federal Felon in Possession (18 U.S.C. 922(g)) case and the government is seeking an enhancement under the ACCA. One of the predicate offenses is speeding to elude arrest (North Carolina General Statute sec. 20-141.5). The statute doesn't require a specific mens rea and is a misdemeanor unless aggravating factors are present. All of the aggravating factors are either reckless or negligent, but none are willful or wanton. I plan to argue Begay and Thornton. I would be very interested to engage in some dialogue as I draft this argument. Any comment?Unknownhttps://www.blogger.com/profile/11422698172946155424noreply@blogger.com