Descamps v. United States

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as amicus curiae in this case.

 

Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.

 

JudgmentReversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.

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