Curtis Darnell Johnson v. United States (559 U.S. 133)

U.S. Supreme Court · decided March 2, 2010 · Supreme Court Database (Spaeth)

Citation
559 U.S. 133 · 130 S. Ct. 1265
Decided
March 2, 2010
Term
October Term 2009
Vote
7–2
Majority author
Justice Scalia
Issue area
Criminal Procedure
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice Scalia delivered the opinion of the Court. We decide whether the Florida felony offense of battery by “[a]ctually and intentionally touch[ing]” another person, Fla. Stat. § 784.03(l)(a), (2) (2003), “has as an element the use . . . of physical force against the person of another,” 18 U. S. C. §924(e)(2)(B)(i), and-thus constitutes a “violent felony” under the Armed Career Criminal Act, § 924(e)(1). I Curtis Johnson pleaded guilty to knowingly possessing ammunition after having been convicted of a felony, in violation of 18 U. S. C. § 922(g)(1). The Government sought an enhanced penalty under § 924(e), which provides that a person who violates § 922(g) and who “has three previous convictions” for “a violent felony” “committed on occasions different from one another” shall be imprisoned for a minimum of 15 years and a maximum of life. A “violent felony” is defined as “any crime punishable by imprisonment for a term exceeding one year” that: “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or “(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” § 924(e)(2)(B). Johnson’s indictment specified five prior felony convictions. The Government contended that three of those convictions— for aggravated…

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