High Court Makes Deportation Harder With Sentencing Ruling
Law360, New York (June 24, 2016, 9:51 PM EDT) -- The U.S. Supreme Court’s ruling Thursday against a federal criminal sentence enhancement for a convicted burglar will make it more difficult for prosecutors to prove someone is deportable, but attorneys said a concurring opinion from Justice Anthony Kennedy shows the issue may resurface in the future.
In a 5-3 decision, the court said because Iowa’s burglary law is broader than the federal definition of burglary, Richard Mathis’ previous convictions did not count as violent felony convictions for the purposes of the Armed Career Criminal Act.
The ACCA is a federal law that provides sentence enhancements, with a 15-year mandatory minimum, for...
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