United States Fourth Circuit

Convictions for failure to stop for a blue light are not violent felonies for purposes of the Armed Career Criminal Act, because the relevant South Carolina statute is categorically overbroad, allowing conviction for both intentional and unintentional conduct.

Appellate Information

• Decided 01/05/2009
• Published 01/05/2009

Judges

• Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ross Hall Richardson, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Kevin A. Tate, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.