Tuesday, December 28, 2010

Determination that "blue light law" is not a crime of violence only applies to career offender analyses

Lyde v. United States, No. 4:17-cr-348, 2010 WL 5173881 (D.S.C. Dec. 15, 2010):

(This case concerns an analysis of South Carolina's Blue Light Law, which the Fourth Circuit found not to constitute a crime of violence.  For other blog entries concerning the fallout from this finding, click here.)

Although South Carolina's "Failure to Stop for a Blue Light" is no longer considered a crime of violence for purposes of the Armed Career Criminal Statute, Petitioner in this case was not sentenced under that statute, 18 U.S.C. § 924(e).  Instead, Petitioner's previous blue light violation increased his criminal history by one point.  The violation was not used to enhance his sentence in any other way.  Accordingly, Petitioner's § 2255 motion must be dismissed.

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