June 20, 2013

Supreme Court: Man shouldn't have gotten harsher penalty

The Associated Press

WASHINGTON — The Supreme Court says a man should not have gotten a harsher penalty for a crime because a judge had investigated his previous offenses.

The 8-1 decision came Thursday in the case of Matthew Descamps, a Washington state man convicted of possessing a firearm in 2005. He could have been sentenced to a decade in prison. But since he had been convicted of multiple crimes, he fell under the Armed Career Criminal Act. That requires a sentence of at least 15 years if the defendant has three prior convictions for violent felonies.

Descamps argued that his 1978 conviction for burglary wasn't violent and didn't count. The federal judge decided to investigate the record himself and decided that it did count. Deschamps appealed, and the Supreme Court reversed the decision.

Were you interviewed for this story? If so, please fill out our accuracy form

Send question/comment to the editors




Further Discussion

Here at PressHerald.com we value our readers and are committed to growing our community by encouraging you to add to the discussion. To ensure conscientious dialogue we have implemented a strict no-bullying policy. To participate, you must follow our Terms of Use.

Questions about the article? Add them below and we’ll try to answer them or do a follow-up post as soon as we can. Technical problems? Email them to us with an exact description of the problem. Make sure to include:
  • Type of computer or mobile device your are using
  • Exact operating system and browser you are viewing the site on (TIP: You can easily determine your operating system here.)