12839721, this is major!! Posted by akon, Fri Jun-26-15 09:33 AM
" Courts must use the “categorical approach” when deciding whether an offense is a violent felony, looking “only to the fact that the defendant has been convicted of crimes falling within certain categories, and not to the facts underlying the prior convictions.”
The Fifth Amendment provides that “o person shall . . . be deprived of life, liberty, or property, without due process of law.” Our cases establish that the Government violates this guarantee by taking away someone’s life, liberty, or property under a criminal law so vague that it fails to give ordinary people fair notice of the conduct it punishes, or so standardless that it invites arbitrary en forcement.
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