Criminal
Jul. 8, 2016
Repeat offender ruling leaves little guidance
Mathis v. U.S. places an impractical, burdensome duty on the courts to analyze state criminal laws to determine whether a prior conviction qualifies as a predicate under the Armed Career Criminal Act. By Alin Cintean
The overall question presented in Mathis v. U.S., 2016 DJDAR 6071 (June 23, 2016), is how to determine whether a prior conviction qualifies as a predicate under the Armed Career Criminal Act, 18 U.S.C. Section 924(e). The act punishes repeat offenders convicted of serious crimes, among which is burglary. If the elements of the prior conviction fit the common definition used by the federal courts, the prior conviction count...
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