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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 23, 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 |
|---|---|
| Jul 24 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019) |
| Aug 20 2019 | Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk. |
| Aug 21 2019 | Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019. |
| Sep 24 2019 | Motion to extend the time to file a response from September 30, 2019 to October 21, 2019, submitted to The Clerk. |
| Sep 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. |
| Sep 25 2019 | Supplemental brief of petitioner Charles Borden, Jr. filed. |
| Oct 21 2019 | Response to petition from respondent United States of America filed. |
| Oct 29 2019 | Waiver of the 14-day waiting period under 15.5 filed. |
| Oct 31 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 07 2019 | Rescheduled. |
| Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020. |
| Jan 23 2020 | Letter of petitioner Charles Borden, Jr. filed. |
| Feb 14 2020 | DISTRIBUTED for Conference of 2/21/2020. |
| Feb 24 2020 | DISTRIBUTED for Conference of 2/28/2020. |
| Mar 02 2020 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| Mar 05 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Mar 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. |
| Mar 22 2020 | Motion to dispense with printing the joint appendix filed by petitioner Charles Borden, Jr. |
| Apr 20 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Apr 27 2020 | Brief of petitioner Charles Borden, Jr. filed. |
| Apr 30 2020 | Blanket Consent filed by Petitioner, Charles Borden, Jr. |
| May 04 2020 | Brief amici curiae of Law Professors Leah Litman, et al. filed. |
| May 04 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| May 04 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| May 04 2020 | Brief amici curiae of Immigrant Rights Organizations filed. |
| May 04 2020 | Brief amicus curiae of National Association of Federal Defenders filed. |
| May 04 2020 | Brief amicus curiae of FAMM filed. |
| Jun 08 2020 | Brief of respondent United States of America filed. |
| Jun 15 2020 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Jul 08 2020 | Reply of petitioner Charles Borden, Jr. filed. |
| Aug 19 2020 | SET FOR ARGUMENT on Tuesday, November 3, 2020. |
| Aug 31 2020 | Record requested from the U.S.C.A. 6th Circuit. |
| Sep 01 2020 | Record of the U.S.C.A. 6th Circuit electronically received (includes sealed material and district court record). |
| Sep 02 2020 | CIRCULATED |
| Nov 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. |
| Jun 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. |
| Jul 12 2021 | JUDGMENT ISSUED. |
