Legal Opinion

McCall v. United States

District of Columbia Court of Appeals

Decided August 26, 1982No. 81-741PublishedCited by 6 opinions

1Per curiam

The sole issue is whether a defendant convicted of assault with a dangerous weapon (ADW), D.C.Code 1981, § 22-502, 1 who has previously been convicted of a crime of violence (as defined in D.C.Code 1981, § 22-3201(f) 2 ) while armed, can be sentenced under D.C.Code 1981, § 22-3202(a)(2). 3 We hold that he can, and accordingly affirm.

Appellant offers two types of arguments to show that § 22-3202(a)(2) is inapplicable. First, he contends on the basis of the section’s language and history that it was not meant to apply to convictions of assault with a dangerous weapon. We disagree and conclude…

2Cases cited3 opinions

  1. Simpson v. United StatesSupreme Court of the United States · 1978
  2. Busic v. United StatesSupreme Court of the United States · 1980
  3. Lagon v. United StatesDistrict of Columbia Court of Appeals · 1982

3Cited by6 opinions

  1. Gathy v. United StatesDistrict of Columbia Court of Appeals · 2000
  2. Thomas v. United StatesDistrict of Columbia Court of Appeals · 1992
  3. Hager v. United StatesDistrict of Columbia Court of Appeals · 2002
  4. In re D.T.District of Columbia Court of Appeals · 2009
  5. Clyburn v. United StatesDistrict of Columbia Court of Appeals · 2012

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