Legal Opinion

United States v. Bethea

Court of Appeals for the Fourth Circuit

Decided April 27, 2010No. 09-4333PublishedCited by 21 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge TRAXLER and Judge Shedd joined.

OPINION

GREGORY, Circuit Judge:

South Carolina makes it a crime “to escape,” and broadly defines the term to include both unlawfully leaving and failing to report to custody. S.C.Code An. § 24-13-410(A) (2009). We consider two questions regarding the relationship between this statute and the Amed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) (2006), in this appeal: First, whether a conviction under the state’s escape statute necessarily constitutes a “violent…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. Johnson v. United StatesSupreme Court of the United States · 2010

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States v. ClayCourt of Appeals for the Fourth Circuit · 2010
  2. United States v. WashingtonCourt of Appeals for the Fourth Circuit · 2011
  3. United States v. Cory BoydCourt of Appeals for the Fourth Circuit · 2022
  4. United States v. Rodrigo Rodriguez-NegreteCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. WashingtonCourt of Appeals for the Fourth Circuit · 2011

16 more not listed; retrieve them via the Exa API.

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