Chief District Judge Addresses Failure to Stop for a Blue light under Begay
In a recent opinion out of the District of South Carolina in Charleston, Chief Judge Norton issued an opinion stating that Failure to Stop for a Blue Light is not a crime of violence, even if the state court indictment includes the word "intentional" or "willful." Most appellate attorneys practicing in the Fourth Circuit Court of Appeals agree this opinion appears to conflict with the Roseboro decision decided this past January in the Fourth Circuit. In that case, the appellate court determined that failure to stop for a blue light was not a crime of violence when applying the test established in Begay because the statute included negligent and intentional conduct. However, the Fourth Circuit in Roseboro also held that a district court in a federal sentencing could find that South Carolina's failure to stop for a blue light was a crime of violence if based on willful conduct. The Court of Appeals concluded that intentionaly failing to stop after being signaled to do so was inherently dangerous and could qualify a crime of violence for sentencing purposes pursuant to the ACCA and the career offender provision of the United States Sentencing Guidelines.
In the Johnson opinion, Chief Judge Norton argues that failure to stop for a blue light does not qualify as a crime of violence under the Armed Career Criminal Act ("ACCA") in light of the Supreme Court's decision in Begay. When examining the South Carolina statute, it does not require intentional conduct and is closer to a strict liability crime, a defendant's mens rea is not an element of the crime. Failure to stop for a blue light is also not similar in degree and risk to the crimes of burglary, extortion, arson, or crimes involving explosives. The offense does not always involve purposeful, aggressive, and violent.
This opinion could greatly affect federal sentencing in the District of South Carolina. Many federal attorneys in South Carolina have clients who have pled guilty to failure to stop for a blue light. Federal criminal lawyers know that if a defendant has three or more prior convictions that constitute a serious drug offense or a violent felony could possibly be sentenced as an armed career criminal, and as a result, could face a mandatory minimum sentence of fifteen years in prison. A good criminal attorney will now argue at sentencing that failure to stop for a blue light no longer qualifies as a predicate offense under the ACCA, even if the state court indictment includes the word 'intentional' or 'willful.'
The Federal Criminal Defense attorneys at the Mace Firm handle appeals in the Fourth Circuit, and the Eleventh Circuits. Our Myrtle Beach attorneys handle all federal cases. We are experienced criminal attorneys in South Carolina and our office in South Carolina is located in Myrtle Beach.
