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06-5162 - United States v. Morris

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06-5162 - United States v. Morris
May 30, 2008
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[9572976] Order on Remand from the United States Supreme Court; Terminated on the merits after submissions without oral hearing; Written, signed, unpublished. Judges Briscoe (authoring), Holloway and O'Brien. In light of the Court???s decision in Begay, we conclude that Morris???s case must be remanded to the district court with instructions to vacate Morris???s sentence and to resentence him. That is, because Morris???s Oklahoma state conviction for ???DUI Alcohol - Second Offense??? is essentially identical to the DUI conviction at issue in Begay, the Court???s ruling in Begay makes clear that Morris???s Oklahoma DUI conviction ???falls outside the scope of the [ACCA]???s clause (ii) ???violent felony??? definition.??? Id. at 1588. Mandate to issue.