Supreme Court of the United States

Sykes v. United States — Thomas, J., concurring

June 9, 2011131 S. Ct. 2267

Summary

Justice Thomas concurs in the judgment that Indiana's intentional vehicular flight statute qualifies as a violent felony under ACCA. He agrees the 'purposeful, violent, and aggressive' test from Begay should not apply here, but criticizes the majority for implying it may apply to other offenses. He reasons that ordinary vehicular flight involves a dangerous weapon and defiance of police orders, presenting a greater risk of physical injury than burglary. Justice Kagan and Justice Scalia dissent.