Borden v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-5410	6th Cir.	Nov 3, 2020	Jun 10, 2021	5-4	Plurality	OT 2020

Holding: The decision of the U.S. Court of Appeals for the 6th Circuit, holding that an offense with a mental state of recklessness may qualify as a "violent felony" under the Armed Career Criminal Act's elements clause, 18 U.S.C. § 924(e)(2)(B)(i), is reversed, and the case is remanded.

Judgment: Reversed and remanded on June 10, 2021. Justice Kagan announced the judgment of the court and delivered an opinion, in which Justices Breyer, Sotomayor and Gorsuch joined. Justice Thomas filed an opinion concurring in the judgment. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justices Alito and Barrett joined.

SCOTUSblog Coverage

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act (Carla Laroche, June 24, 2021)
Court limits definition of "violent felony" in federal gun-possession penalty (James Romoser, June 10, 2021)
Argument analysis: Justices consider whether crimes of recklessness require longer sentences under Armed Career Criminal Act (Carla Laroche, November 8, 2020)
Case preview: Does "use of physical force" include a mens rea of recklessness? (Carla Laroche, November 2, 2020)
Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
More on today's orders (Amy Howe, March 2, 2020)

Date	Proceedings and Orders (key to color coding)
07/24/2019	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)
08/20/2019	Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk.
08/21/2019	Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
09/24/2019	Motion to extend the time to file a response from September 30, 2019 to October 21, 2019, submitted to The Clerk.
09/25/2019	Motion to extend the time to file a response is granted and the time is further extended to and including October 21, 2019.
09/25/2019	Supplemental brief of petitioner Charles Borden, Jr. filed.
10/21/2019	Response to petition from respondent United States of America filed.
10/29/2019	Waiver of the 14-day waiting period under 15.5 filed.
10/31/2019	DISTRIBUTED for Conference of 11/15/2019.
11/07/2019	Rescheduled.
12/30/2019	DISTRIBUTED for Conference of 1/17/2020.
01/23/2020	Letter of petitioner Charles Borden, Jr. filed.
02/14/2020	DISTRIBUTED for Conference of 2/21/2020.
02/24/2020	DISTRIBUTED for Conference of 2/28/2020.
03/02/2020	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
03/05/2020	Motion for an extension of time to file the briefs on the merits filed.
03/16/2020	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 27, 2020. The time to file respondent's brief on the merits is extended to and including June 8, 2020.
03/22/2020	Motion to dispense with printing the joint appendix filed by petitioner Charles Borden, Jr.
04/20/2020	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
04/27/2020	Brief of petitioner Charles Borden, Jr. filed.
04/30/2020	Blanket Consent filed by Petitioner, Charles Borden, Jr.
05/04/2020	Brief amici curiae of Law Professors Leah Litman, et al. filed.
05/04/2020	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
05/04/2020	Brief amicus curiae of Americans for Prosperity Foundation filed.
05/04/2020	Brief amici curiae of Immigrant Rights Organizations filed.
05/04/2020	Brief amicus curiae of National Association of Federal Defenders filed.
05/04/2020	Brief amicus curiae of FAMM filed.
06/08/2020	Brief of respondent United States of America filed.
06/15/2020	Brief amicus curiae of Criminal Justice Legal Foundation filed.
07/08/2020	Reply of petitioner Charles Borden, Jr. filed.
08/19/2020	SET FOR ARGUMENT on Tuesday, November 3, 2020.
08/31/2020	Record requested from the U.S.C.A. 6th Circuit.
09/01/2020	Record of the U.S.C.A. 6th Circuit electronically received (includes sealed material and district court record).
09/02/2020	CIRCULATED
11/03/2020	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
06/10/2021	Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an opinion in which Breyer, Sotomayor, and Gorsuch, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., Alito, and Barrett, JJ., joined.
07/12/2021	JUDGMENT ISSUED.