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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sawed-<strong>of</strong>f shotgun or bomb, is a felony. 18 U.S.C. § 844(i) (2006). Although known for <strong>the</strong>ir<br />
destructive capabilities, explosives have lawful purposes, while sawed-<strong>of</strong>f shotguns do not.<br />
Fortes, 141 F.3d at 7 (Congress found § 5845 weapons “lacking in lawful purposes”).<br />
Therefore, possession <strong>of</strong> a sawed-<strong>of</strong>f shotgun is more similar to <strong>the</strong> use <strong>of</strong> an explosive in kind,<br />
than it is to possession <strong>of</strong> explosives. Fur<strong>the</strong>r, <strong>the</strong> lower courts likely read too much into <strong>the</strong><br />
phrase “involves <strong>the</strong> use <strong>of</strong>.” See, e.g., R. at 10. Congress was in <strong>the</strong> process <strong>of</strong> passing new<br />
legislation regarding explosives and used <strong>the</strong> phrase to incorporate “various explosives<br />
<strong>of</strong>fenses” because <strong>the</strong>y did not “have a single generic term to cover <strong>the</strong>m.” See House Hearing at<br />
15. As <strong>the</strong> hearing suggests, Congress intended <strong>the</strong> phrase to include explosive <strong>of</strong>fenses broadly.<br />
Id.<br />
For <strong>the</strong>se reasons, this <strong>Court</strong> should hold that <strong>the</strong> possession <strong>of</strong> an unregistered sawed-<br />
<strong>of</strong>f shotgun poses <strong>the</strong> same kind <strong>of</strong> risk as <strong>the</strong> enumerated <strong>of</strong>fenses. This <strong>Court</strong> should fur<strong>the</strong>r<br />
hold that <strong>the</strong> possession <strong>of</strong> a sawed-<strong>of</strong>f shotgun is a violent felony under <strong>the</strong> ACCA because it<br />
involves conduct that presents a serious potential risk <strong>of</strong> physical injury to o<strong>the</strong>rs that is similar<br />
in degree, and in kind, to <strong>the</strong> enumerated <strong>of</strong>fenses.<br />
C. Even if this <strong>Court</strong> were to require “purposeful, violent, and aggressive conduct,”<br />
<strong>the</strong> possession <strong>of</strong> an unregistered sawed-<strong>of</strong>f shotgun would still qualify as a violent<br />
felony.<br />
<strong>In</strong> Begay, this <strong>Court</strong> stated that a DUI was not a violent felony because it did not<br />
“typically involve” purposeful, violent, and aggressive conduct. 553 U.S. at 144–45. This<br />
analysis requires a court to look at <strong>the</strong> conduct <strong>of</strong> all violations <strong>of</strong> a particular <strong>of</strong>fense, in <strong>the</strong><br />
aggregate, to determine whe<strong>the</strong>r purposeful, violent, and aggressive conduct is typically present.<br />
See Chambers, 555 U.S. at 129 (using statistical analysis to determine <strong>the</strong> frequency <strong>of</strong><br />
violence).<br />
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