United States v. Sperberg (full text)
U.S. Court of Appeals, 7th Circuit
United States v. Sperberg, 432 F.3d 706
Date: 12/19/05
Case No: 04-4135
Issue: Drunk driving as a “violent felony”
Holding: Drunk driving is a “violent felony” for purposes of the Armed Career Criminal ACT, 18 U.S.C. §924(e).
Summary:
Normally, the maximum penalty for possessing a firearm despite
a prior felony conviction is 10 years imprisonment. Under the Armed
Career Criminal Act, 18 U.S.C. §924(e), an offender with three previous
“violent felony” convictions shall be imprisoned for not less than 15
years. The district judge concluded that Sperberg had been convicted
of at least three other “violent felonies” and sentenced him to 210
months (17.5 years) in prison. On appeal, Sperberg argued that his
felony conviction for driving while intoxicated should not have been
considered a “violent felony” for purposes of the Armed Career Criminal
Act. Specifically, Sperberg relied on Leocal v. Ashcroft, 543 U.S. 1
(2004), in which the Supreme Court held that drunk driving is not a
“crime of violence” under 18 U.S.C. §16.
The 7th Circuit upheld Sperberg’s sentence and distinguished
the case at bar from Leocal. The Supreme Court interpreted “crime of
violence” to require the deliberate application of force because 18
U.S.C. §16, refers to the “use” of force. In contrast, “violent
felony,” as defined by 18 U.S.C. §924(e)(2)(B)(ii), refers to the
potential risk of physical injury to another, not whether the offender
deliberately applied force. Finally, the court reaffirmed its decision
in United States v. Rutherford, 54 F.3d 370 (7th Cir. 1995), that drunk
driving poses serious risks to others.