Section 888

Citation: Section 888
Parent Document: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Jurisdiction: United States (federal)
Effective Date: 2017-12-23
Original Source: https://www.courtlistener.com/opinion/7328080/open-cmtys-alliance-v-carson/ ↗

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Begay likewise is clarifying. The Armed Career Criminal Act imposes a sentencing enhancement on a defendant who violates 18 U.S.C. § 922(g) and has three prior convictions "for a violent felony," defined in part to mean a felony that "is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." 18 U.S.C. § 922(e)(2)(B)(ii). "[T]he provision's listed examples," Begay reasoned, "illustrate the kinds of crimes that fall within the statute's scope" and "indicates that the statute covers only similar crimes, rather than every crime that presents a serious potential risk of physical injury to another." 553 U.S. at 142, 128 S.Ct. 1581 (internal quotation marks omitted). A Congress intending "the statute to be all encompassing" Begay said, likely would not "have needed to include the examples at all," as the statute "would cover all crimes that present a serious potential risk of physical injury" absent the examples. Id. (internal quotation marks omitted). "These considerations taken together," Begay concluded, "convince us that, to give effect to every clause and word of this statute, we should read the examples as limiting the crimes that [the statute] covers to crimes that are roughly similar, in kind as well as in degree of risk posed, to the examples themselves." Id. at 143, 128 S.Ct. 1581 (alterations and internal quotation marks omitted). Here, as in Begay , § 888.113(c)(4)'s "listed examples" limit the third action's scope to actions "that are roughly similar" to the first two actions. Id. at 142-43, 128 S.Ct. 1581. The third action thus is best construed to encompass only events that involve adverse rental housing market conditions.8

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