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U.S. top court rules for white supremacist over sentencing
Source: Reuters
US | Fri Jun 26, 2015 10:49am EDT
U.S. top court rules for white supremacist over sentencing
WASHINGTON | BY LAWRENCE HURLEY
The U.S. Supreme Court on Friday threw out part of a tough federal criminal sentencing law for being overly broad in a ruling that backed a Minnesota white supremacist who challenged his sentence on a firearms crime.
The court ruled in favor of Samuel Johnson, who was given 15 years in prison for illegally possessing a firearm. The justices found on a 6-3 vote that a sentencing provision of the federal Armed Career Criminal Act is so expansive that it violated the U.S. Constitution's Fifth Amendment, which mandates due process under the law.
He will now be resentenced and will face a maximum sentence of 10 years. The ruling could also affect other inmates in similar situations.
The law imposes a minimum 15-year sentence when a defendant is convicted of possessing a firearm and has previously been convicted of at least three qualifying crimes, including violent felonies. The law outlines the crimes covered, including burglary and arson.
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U.S. top court rules for white supremacist over sentencing
WASHINGTON | BY LAWRENCE HURLEY
The U.S. Supreme Court on Friday threw out part of a tough federal criminal sentencing law for being overly broad in a ruling that backed a Minnesota white supremacist who challenged his sentence on a firearms crime.
The court ruled in favor of Samuel Johnson, who was given 15 years in prison for illegally possessing a firearm. The justices found on a 6-3 vote that a sentencing provision of the federal Armed Career Criminal Act is so expansive that it violated the U.S. Constitution's Fifth Amendment, which mandates due process under the law.
He will now be resentenced and will face a maximum sentence of 10 years. The ruling could also affect other inmates in similar situations.
The law imposes a minimum 15-year sentence when a defendant is convicted of possessing a firearm and has previously been convicted of at least three qualifying crimes, including violent felonies. The law outlines the crimes covered, including burglary and arson.
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Read more: http://www.reuters.com/article/2015/06/26/us-usa-court-sentencing-idUSKBN0P61V720150626
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