Resisting arrest and violent felonies
Sykes v. United States
In brief
The Supreme Court upheld the Seventh Circuit and ruled that felony vehicle flight under Indiana law is a violent felony under ACCA.
- Where it stands
- Decided
Decided 6-3 · June 9, 2011 · Opinion by Justice Kennedy
- What it’s about
- Marcus Sykes challenged a longer federal sentence under the Armed Career Criminal Act, arguing that his Indiana conviction for felony vehicle flight should not count as a violent felony.
- Who it affects
- Sykes's Indiana felony vehicle-flight conviction counted as a violent felony under ACCA in his sentence challenge.
Summary: written with AI from the case record.

What it's about
The Supreme Court agreed with the lower court and decided that felony vehicle flight under Indiana law does count.
The case asked whether a state vehicle-flight conviction could count as a violent felony when setting a federal sentence under ACCA.
Question presented
Does a conviction for resisting arrest counts as a violent felony under the Armed Career Criminal Act?
What the Court decided
Holding
Felony vehicle flight, as proscribed by Indiana law, is a violent felony for purposes of ACCA.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Thomaswrote separately
- Dissenting · 3disagreed with the result
- Kaganwrote a dissent
- Scaliawrote a dissent
- Ginsburg
From the opinions
“Because petitioner Marcus Sykes was convicted only of simple vehicular flight, and not of any flight offense involving aggressive or dangerous activity, I would find that he did not commit a “violent felony” under ACCA.”
What's next
The ruling resolved Sykes's appeal. Lower courts handling ACCA cases involving Indiana felony vehicle flight must apply the Court's classification.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Audio Recording added: Oral Arguments - Sykes
Opinion added: Sykes
More questions
- Why did Justice Kagan disagree?
- She said Indiana law distinguishes simple vehicle flight from more aggressive or dangerous forms, and Sykes was convicted only of the simple offense.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.