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Thursday, June 10th, 2021

Supreme Court holds that a crime with a mens rea of recklessness is not a “violent felony” under the Armed Career Criminal Act.

Today’s big legal news is Borden v. United States, 593 U.S. __ (2021), in which the Supreme Court held that a criminal offense with a mens rea of recklessness does not qualify as a “violent felony” under the Armed Career Criminal Act (“ACCA”).

Borden pleaded guilty as a felon-in-possession of a firearm. The prosecution sought an enhanced sentence under the ACCA, which mandates a 15-year minimum sentence for persons found guilty of illegally possessing a firearm who have three or more prior convictions for a “violent felony.” An offense qualifies as a violent felony under the ACCA’s elements clause if it necessarily involves “the use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. 924(e)(2)(B)(i). One of Borden’s three predicate convictions was for reckless aggravated assault in violation of Tennessee law. He argued that this offense was not a violent felony under the …

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Categories: ACCA, mens rea, violent felony

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Tuesday, July 21st, 2020

Circuit Will Decide En Banc Whether New York First-Degree Manslaughter Is a “Violent Felony” and “Crime of Violence.”

In United States v. Scott, 954 F.3d 74 (2d Cir. Mar. 31, 2020), a divided panel held that New York first-degree manslaughter is neither a predicate “violent felony” under the Armed Career Criminal Act nor a “crime of violence” under the Career Offender Guideline because it can be committed by complete inaction and therefore without the use of force, as defined in Curtis Johnson v. United States, 559 U.S. 133 (2010). The panel also held that New York first-degree manslaughter does not match any of the generic offenses enumerated in the Career Offender Guideline.

On July 10, 2020, the Circuit granted the government’s petition for rehearing en banc. No briefing schedule has yet been issued. Stay tuned.…

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Categories: career offender, crime of violence, violent felony

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Categories: career offender, crime of violence, violent felony

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Tuesday, December 10th, 2019

Second Circuit restates its holding that Connecticut’s simple robbery statute, Conn. Gen. Stat. § 53a-133, qualifies as a violent felony under ACCA’s force clause. Estremera v. United States, No. 17-831-pr, __ F. 3d__, 2019 WL 6690775 (Dec. 9, 2019).

In Shabazz v. United States, 912 F.3d 73 (2d Cir. 2019), the Circuit held that Connecticut’s simple robbery statute, Connecticut General Statute § 53a-133, qualifies as a violent felony under the force clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1) (“ACCA”). Id. at 78.

Here, the Circuit holds that Shabazz “resolves” Petitioner Nelson Estremera’s claims that his Connecticut convictions for first-degree robbery and attempted robbery, in violation of Conn. Gen. Stat. §§ 53a-134(a)(3) and 53a-49, and for second-degree robbery and conspiracy to commit robbery, in violation of Conn. Gen. Stat. §§ 53a-135(a)(1) and 53a-48 do not qualify as ACCA predicates. Estremera, 2019 WL 6690775 at * 2.  [17-831_Documents.]

All Connecticut first-degree robbery offenses — the Circuit holds — are qualifying ACCA predicates. It states that although Connecticut’s first-degree robbery statute, Conn. Gen. Stat. § 53a-134(a), enumerates different ways of committing first-degree robbery, “every …

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Categories: ACCA, Johnson, violent felony

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Categories: ACCA, Johnson, violent felony

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