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That Lawyer Dude

I beg to disagree. The facts of the case ought to come into play when federal courts rely on a state court conviction and the state court does not designate the crime as violent. IF Congress wants to define different values to a previous state conviction, it should do so by defining what action in the conviction renders it violent. If Congress is relying on the state statute, it ought to rely on the whole thing.

Moreover, the conviction might have been obtained by the defendant pleading guilty, thinking he had avoided a conviction for a violent crime under state rules. He probably didn't forsee a federal prosecution 15 years down the line when he took the plea to the non violent felony. Thus the facts of the prior should control when the state definition and Congress' definition differ and, the aggravating factor is the fact of the state conviction standing alone.

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