Begay v. United States

After Larry Begay (defendant) was convicted of unlawfully possessing a firearm, the sentencing judge applied the Armed Career Criminal Act's 15-year mandatory minimum, which applies to defendants with three prior convictions for violent felonies or drug crimes. The Act defines a violent felony as one involving the use or threatened use of physical force, or as burglary, arson, extortion, explosives use, or conduct otherwise presenting a serious risk of physical injury. The judge counted nine of Begay's twelve prior DUI convictions (deemed felonies under state law) as violent felonies, reasoning that drunk driving presents a serious risk of physical injury to others. The Tenth Circuit affirmed, and Begay sought review in the Supreme Court.