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Resource Center on Impaired Driving

Resource Center on Impaired Driving

Federal OWI Related Case Law


 
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

IssueDrunk 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.