Part II gives a background on the career offender provision and residual clause analysis, and the current law on whether possession of a weapon in prison is considered a crime of violence, which has resulted in a circuit split. Part III gives a statement of the case to this note, United States v. Mobley. Part IV analyzes how the Mobley majority misapplied the Begay two-part test and attempts to remedy residual clause analysis for the crime of possession of a weapon in prison. This will include Part IV.A, which explains why the Mobley dissent was correct in its opinion, Part IV.B, which examines the inherent problems in applying the Begay test, and Part IV.C, which proposes a better standard to apply when doing residual clause analysis for the crime of possession of a weapon in prison.
"United States v. Mobley: Another Failure in Crime of Violence Analysis,"
Akron Law Review: Vol. 47
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol47/iss3/6