Borden v. United States
U.S. Supreme Court · decided June 10, 2021 · Supreme Court Database (Spaeth)
- Decided
- June 10, 2021
- Term
- October Term 2020
- Vote
- 5–4
- Majority author
- Justice Kagan
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
PRELIMINARY PRINT Volume 593 U. S. Part 2 Pages 420–485 OFFICIAL REPORTS OF THE SUPREME COURT June 10, 2021 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus BORDEN v. UNITED STATES certiorari to the united states court of appeals for the sixth circuit No. 19–5410. Argued November 3, 2020—Decided June 10, 2021 The Armed Career Criminal Act (ACCA) mandates a 15-year minimum sentence for persons found guilty of illegally possessing a frearm who have three or more prior convictions for a “violent felony.” An offense qualifes as a violent felony under ACCA's elements clause if it necessar- ily involves “the use, attempted use, or threatened use of physical force againstthepersonofanother.” 18U. S.C. §924(e)(2)(B)(i). In Leocal v. Ashcroft, 543 U. S. 1, the Court held that offenses requiring only a negli- gent mens rea fall outside a relevantly identical defnition. Id., at 9. The “critical aspect” in determining the relevant mens rea, the Court explained, was the statute's demand that the perpetrator use physical force “against the person or property of another.” Ibid.…
Excerpt of a 147,115-character opinion. The full text and citation network load in the interactive viewer above.