Federal Sentencing Appeal: Challenging ACCA Violent Felony Designation | SC Supreme Court скачать в хорошем качестве

Federal Sentencing Appeal: Challenging ACCA Violent Felony Designation | SC Supreme Court

Federal criminal defense attorney Elizabeth Franklin-Best argues before the South Carolina Supreme Court in United States of America v. Patrick Fitzgerald Clemons, a certified question case from the U.S. Court of Appeals for the Fourth Circuit addressing the mens rea (mental state) required for South Carolina's Criminal Domestic Violence of a High and Aggravated Nature (CDVHAN) and Assault and Battery Second Degree. 📞 Call 843-620-1100 for a free consultation 📅 Book online: https://federalcriminaldefenseattorne... 🌐 Website: https://federalcriminaldefenseattorne... This oral argument took place on October 25, 2023, at Furman University's McAlister Auditorium as part of the Riley Institute's Supreme Court accessibility program. Why This Case Matters for Federal Defendants: The Fourth Circuit certified questions to the South Carolina Supreme Court asking whether CDVHAN (S.C. Code Ann. § 16-25-65) and Assault and Battery Second Degree (S.C. Code Ann. § 16-3-600(D)) can be committed with a mens rea of recklessness. This determination is critical for federal sentencing under: • The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) • Career offender sentencing enhancements under U.S.S.G. § 4B1.1 • The categorical approach to predicate offense analysis • Federal firearms sentencing under 18 U.S.C. § 922(g) If these state offenses can be committed with mere recklessness, they may not qualify as "violent felonies" under federal law—potentially reducing sentences by years or even decades for federal defendants with South Carolina priors. About Elizabeth Franklin-Best, P.C.: Elizabeth Franklin-Best is a nationally recognized federal criminal defense and appellate attorney with over 20 years of experience representing clients in federal courts nationwide. She is admitted to practice before the U.S. Supreme Court and all federal Circuit Courts of Appeals. Our federal criminal defense practice includes: • Federal Criminal Appeals • 28 U.S.C. § 2255 Motions (Habeas Corpus) • 28 U.S.C. § 2241 Petitions • Armed Career Criminal Act (ACCA) Challenges • Career Offender Designation Appeals • Compassionate Release Petitions • 18 U.S.C. § 3582(c)(2) Sentence Reduction Motions • Post-Conviction Relief Need Help with Your Federal Case? If you or a loved one is facing federal charges or seeking post-conviction relief, contact Elizabeth Franklin-Best, P.C. today. 📞 Phone: 843-620-1100 📧 Website: https://federalcriminaldefenseattorne... 📅 Schedule a Consultation: https://federalcriminaldefenseattorne... 👨‍⚖️ Learn More About Our Services: https://federalcriminaldefenseattorne... LEGAL DISCLAIMER: This video is for educational and informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. Every case is unique, and past results do not guarantee future outcomes. If you need legal assistance, please contact our office for a consultation.