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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