Examples of Criminal predicate in a sentence
Petitioner argues that the plea was invalid because some of the predicate offenses were invalid convictions which should not have counted as an Armed Career Criminal predicate.
Stitt, _ U.S. _ , 139 S.Ct. 399, _ L.Ed.2d (2018)While under a burglary statute such as Iowa’s, which defines burglary as including the entry into premises not designed for occupation, burglary is broader than the generic burglary that constitutes a prior violent felony for the application of the Armed Career Criminal Act, a burglary under a statute that includes entry into automobiles and boats that are adapted for overnight occupation is a valid Armed Career Criminal predicate.
Robbins, 528 U.S. 259, 288 (2000) (citations omitted).Petitioner claims that his appellate counsel should have challenged the inclusion of his Aggravated Robbery conviction as an Armed Career Criminal predicate.
Criminal predicate is defined as information that demonstrates a reasonable possibility that an individual or organization is engaged in a definable criminal activity or enterprise.
The Court explicitlyrelied on Burris when it found that the inclusion of the § 2903.11(a)(2) offense meant the assault conviction counted as an Armed Career Criminal predicate.