Friday, December 17, 2010

D.S.C. grants 2255 relief because blue light law violation is not a crime of violence

Thomas v. United States, Nos. 4:10cv70184-TLW, 4:07cr1427, 2010 WL 5092692 (D.S.C. Dec. 7, 2010):

[GRANT of 2255 Petition.]

Defendant was sentenced as a career offender, with one of his two predicate offenses being Failure to Stop for a Blue Light.  In light of the decisions of Begay v. United States, 553 U.S. 137 (2008), Chambers, and Rivers, the Court finds it appropriate to grant Petitioner's petition, vacate his sentence, and allow him to be re-sentenced in accordance with this opinion.

Those decisions held that a violation of "failure to stop for a blue light" is not a violent crime which may constitute a predicate offense for determination that a prisoner is a career offender.

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