In the Supreme Court of the United States In the Supreme Court of ...
In the Supreme Court of the United States In the Supreme Court of ...
In the Supreme Court of the United States In the Supreme Court of ...
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eckless conduct. O<strong>the</strong>r felony <strong>of</strong>fenses, <strong>the</strong>refore, qualify as a predicate violent felony if <strong>the</strong>re<br />
is a serious potential risk <strong>of</strong> physical injury to ano<strong>the</strong>r that is similar in degree, and in kind, to<br />
one <strong>of</strong> <strong>the</strong> four enumerated <strong>of</strong>fenses.<br />
Felony possession <strong>of</strong> an unregistered sawed-<strong>of</strong>f shotgun qualifies as a violent felony<br />
under <strong>the</strong> residual clause because it involves conduct that presents a serious potential risk <strong>of</strong><br />
physical injury to ano<strong>the</strong>r and <strong>the</strong> degree <strong>of</strong> risk involved exceeds that <strong>of</strong> <strong>the</strong> enumerated<br />
<strong>of</strong>fenses. The design <strong>of</strong> <strong>the</strong> weapon is not for hunting or sport, but ra<strong>the</strong>r for inflicting serious<br />
harm to o<strong>the</strong>rs. This is why this <strong>Court</strong> and Congress consider <strong>the</strong>se weapons inherently<br />
dangerous. Fur<strong>the</strong>r, <strong>the</strong>y serve no lawful purpose. Congress, in passing <strong>the</strong> National Firearms<br />
Act, presumed <strong>the</strong> unwillingness to register <strong>the</strong>se weapons meant <strong>the</strong> possessor was inclined to<br />
use it against o<strong>the</strong>rs. This predisposition toward violence is a much greater risk <strong>of</strong> injury to<br />
o<strong>the</strong>rs than simple burglary. This <strong>of</strong>fense in not a strict liability crime and requires knowledge <strong>of</strong><br />
possession, a higher level <strong>of</strong> mens rea than mere negligence or recklessness. Therefore, this<br />
<strong>Court</strong> need not analyze <strong>the</strong> <strong>of</strong>fense for purposeful, violent, and aggressive conduct. Even if<br />
analyzed, however, this <strong>of</strong>fense would still qualify because its lack <strong>of</strong> a lawful purpose indicates<br />
that typically, <strong>the</strong> weapon is possessed for future harmful use. Because possession <strong>of</strong> a sawed-<br />
<strong>of</strong>f shotgun is inherently dangerous, has no lawful purpose, and requires registration due to its<br />
close association with violent criminal activity, it is a predicate violent felony under <strong>the</strong> ACCA.<br />
STANDARD OF REVIEW<br />
<strong>Court</strong>s review motions to suppress under a mixed standard <strong>of</strong> review. <strong>United</strong> <strong>States</strong> v.<br />
Chavez, 281 F.3d 479, 483 (5th Cir. 2002). <strong>Court</strong>s review factual findings for clear error and<br />
legal findings de novo. Id. Additionally, <strong>Court</strong>s view <strong>the</strong> evidence in <strong>the</strong> “light most favorable”<br />
to <strong>the</strong> party that won in <strong>the</strong> district court. Id.<br />
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