Court: Man shouldn't have gotten harsher penaltyJune 20, 2013 @ 7:20 am
WASHINGTON (AP) - The Supreme Court says a man should not have gotten a harsher penalty for a crime because a judge had investigated his previous offenses.
The 8-1 decision came Thursday in the case of Matthew Descamps, a Washington state man convicted of possessing a firearm in 2005. He could have been sentenced to a decade in prison. But since he had been convicted of multiple crimes, he fell under the Armed Career Criminal Act. That requires a sentence of at least fifteen years if the defendant has three prior convictions for violent felonies.
Descamps argued that his 1978 conviction for burglary wasn't violent and didn't count. The federal judge decided to investigate the record himself and decided that it did count. Deschamps appealed, and the Supreme Court reversed the decision.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
Back in Business?
Boeing Machinists have made a preliminary contract offer to keep the 777X in Washington
Seattle's Wanz reflects on the surprising rise to the top with Macklemore
The Holiday Map
Find Santa photos, tree farms, lights & seasonal events with our holiday map
Please login below with your Facebook, Twitter, Google+ or Disqus account. Existing MyNorthwest account holders will need to create a new Disqus account or use one of the social logins provided below. Thank you.