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Statutory Interpretation – Armed Career Criminal Act – Violent Felony
By: Derek Hawkins//August 25, 2021//
Statutory Interpretation – Armed Career Criminal Act – Violent Felony
By: Derek Hawkins//August 25, 2021//
Listen to this articleUnited States Supreme Court
Case Name: Charles Borden, Jr., United States
Case No.: 19-5410
Focus: Statutory Interpretation – Armed Career Criminal Act – Violent Felony
The Armed Career Criminal Act (ACCA), 18 U. S. C. §924(e), mandates a 15-year minimum sentence for persons found guilty of illegally possessing a gun who have three or more prior convictions for a “violent felony.” The question here is whether a criminal offense can count as a “violent felony” if it requires only a mens rea of recklessness—a less culpable mental state than purpose or knowledge. We hold that a reckless offense cannot so qualify.
Reversed and remanded
Dissenting: KAVANAUGH, J., filed a dissenting opinion, in which ROBERTS, C. J., ALITO, and BARRETT, JJ., joined.
Concurring: THOMAS, J., filed an opinion concurring in the judgment.
Derek A Hawkins is Corporate Counsel, at Salesforce.
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