South Carolina doesn't consider this as a violent crime. Looking for advice and any place to look at cases where the feds agreed this was not a violent crime. Please
You are going to have a very difficult time arguing this sort of thing on your own. Your family member really needs an attorney to try to make such an argument. Burglary is considered a violent crime in many states, and if the AUSA is arguing it is a violent crime under federal law, SC's interpretation may not count for much. If you want to look for cases on your own, Google Scholar is a fairly good free search engine for case law.
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The issue that your family member will have is that although Burg 3rd is a non-vioelent offense in the state system, it sounds like he has been charged with a federal offense and they are looking at sentencing enhancement based on their guidelines which are separate from the state defined crimes. This would require an in depth review of the complete case and prior history to make an accurate decision on this but given that the feed are looking to make it a violent crime and possibly make him an armed career criminal he really needs to have a lawyer look at this if there is not one already doing that.
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