Felony DWI is violent felony for sentencing under Armed Career Criminal Act

SENTENCING United States v. Begay, No. 05-2253, ___ F.3d ___ (10th Cir. Dec. 12, 2006)(New Mexico). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1) where sentence was imposed under terms of Armed Career Criminal Act. HELD: (1) Felony driving while intoxicated is violent felony for sentencing under Armed Career Criminal Act at 18 U.S.C. § 924(e). (2) District court erred by concluding that it could impose sentence below calculated guideline range only if guideline range was unreasonable. District court may impose sentence outside guidelines range even if sentence within range is reasonable. Read the opinion here.