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ACCA Violation

By: Derek Hawkins//February 20, 2019//

ACCA Violation

By: Derek Hawkins//February 20, 2019//

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United States Supreme Court

Case Name: Stokeling v. United States

Case No.: 17-5554

Focus: ACCA Violation

This case requires us to decide whether a robbery offense that has as an element the use of force sufficient to overcome a victim’s resistance necessitates the use of “physical force” within the meaning of the Armed Career Criminal Act (ACCA), 18 U. S. C. §924(e)(2)(B)(i). We conclude that it does.

Affirmed

Dissenting: SOTOMAYOR, J., filed a dissenting opinion, in which ROBERTS, C. J., and GINSBURG and KAGAN, JJ., joined.

Concurring: THOMAS, J., delivered the opinion of the Court, in which BREYER, ALITO, GORSUCH, and KAVANAUGH, JJ., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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