United States v. Begay

MEMORANDUM OPINION AND ORDER

JOHNSON, District Judge.

THIS MATTER comes before the Court on the issue of whether Defendant Larry Begay (“Defendant”) should be sentenced as an armed career criminal pursuant to 18 U.S.C. § 924(e) and U.S.S.G. § 4B1.4 as a result of Defendant’s three separate convictions for the felony offense under New Mexico law for driving while under the influence of intoxicating liquor (“DUI”), fourth or subsequent offense (“felony DUI”). 1 For the reasons set forth in this Memorandum Opinion, the Court finds and concludes that Defendant is an armed career criminal within the…