Indianz.Com > News > Navajo man wins appeal on sentence from Supreme Court

Navajo man wins appeal on sentence from Supreme Court
Thursday, April 17, 2008
Filed Under: Law

A Navajo man whose prison sentence was more than tripled due to his criminal record won his appeal from the U.S. Supreme Court on Wednesday.

Larry Begay of New Mexico pleaded guilty in federal court to possession of a firearm. He admitted he threatened two female family members with a gun after a night of drinking in September 2004.

When it came time to be sentenced, federal prosecutors noted that Begay was convicted of drunk-driving at least 12 times and was arrested on suspicion of drunk-driving at least 10 times. They said his record subjected him to additional prison time under a law aimed at punishing violent felons.

A federal judge agreed and sent Begay to prison for 188 months, or more than 15 years. The 10th Circuit Court of Appeals upheld the sentence in a unanimous decision in December 2006.

But the Supreme Court yesterday ruled against the lengthy punishment. By a 6-3 vote, the justices said Begay's record couldn't be used against him under the Armed Career Criminal Act.

Begay's past crimes do not meet the definition of a "violent felony" under the act, Justice Stephen G. Breyer wrote. The decision was joined by Chief Justice John G. Roberts, and Justices John Paul Stevens, Anthony M. Kennedy and Ruth Bader Ginsburg.

Breyer, Stevens and Ginsburg are considered the court's more liberal justices. Kennedy is often a tie-breaker in close cases while Roberts, a nominee of President Bush, is seen as conservative.

Justice Antonin Scalia wrote a concurring opinion in which he agreed with the outcome of the case. But he disagreed with the majority on the analysis of the Armed Career Criminal Act.

Justice Samuel A. Alito authored a dissent in which he argued that Begay's drunk-driving convictions should be taken into account under the law. He also disagreed with analysis presented by the majority and by Scalia.

The Alito dissent was joined by Justices David Souter and Clarence Thomas. All three justices are Republican nominees though Souter often sides with the liberal-leaning members of the court and Thomas frequently goes along with Scalia in cases.

The ruling means Begay could be set free once he is resentenced. Without the additional punishment, he would have only faced between 41 to 51 months in prison, according to his federal public defender.

The Armed Career Criminal Act, on the other hand, imposes a minimum prison term of 15 years. Begay was sentenced in July 2005, so he has already served nearly 33 months. Any time spent in detention prior to the start of his sentence could be credited towards his release.

The Supreme Court ruling will have an impact on other defendants like Begay. The 10th Circuit had cited his case as precedent and upheld harsher sentences on people with drunk-driving records.

Decision in Begay v. US:
Syllabus | Opinion [Breyer] | Concurrence [Scalia] | Dissent [Alito]

Relevant Documents:
Docket Sheet | Oral Argument Transcript | Petition | Brief in Opposition | 10th Circuit Opinion