No. 19-5410
Charles Borden, Jr. v. United States
Tags: armed-career-criminal-act due-process mens-rea recklessness retroactivity sentencing sentencing-guidelines statutory-interpretation use-of-force
Key Terms:
AdministrativeLaw DueProcess
AdministrativeLaw DueProcess
Latest Conference:
2020-02-28
(distributed 4 times)
Question Presented (AI Summary)
Does the 'use of force' clause in the Armed Career Criminal Act (the 'ACCA'), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness?
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW 1. Does the “use of force” clause in the Armed Career Criminal Act (the “ACCA”), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness? 2. Did the district court violate Mr. Borden’s due process rights when it applied to his sentencing a newer, more punitive interpretation of law than that which was in force at the time of his federal offense, such that his guidelines were enhanced from 77 to 96 months to a mandatory minimum sentence of 15 years to life in prison? ii
Docket Entries
2021-07-12
JUDGMENT ISSUED.
2021-06-10
Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-5410_8nj9.pdf'>opinion</a> 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.
2020-11-03
Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2020-09-02
CIRCULATED
2020-09-01
Record of the U.S.C.A. 6th Circuit electronically received (includes sealed material and district court record).
2020-08-31
Record requested from the U.S.C.A. 6th Circuit.
2020-08-19
SET FOR ARGUMENT on Tuesday, November 3, 2020.
2020-07-08
Reply of petitioner Charles Borden, Jr. filed.
2020-06-15
Brief amicus curiae of Criminal Justice Legal Foundation filed.
2020-06-08
Brief of respondent United States of America filed.
2020-05-04
Brief amicus curiae of FAMM filed.
2020-05-04
Brief amicus curiae of National Association of Federal Defenders filed.
2020-05-04
Brief amici curiae of Immigrant Rights Organizations filed.
2020-05-04
Brief amicus curiae of Americans for Prosperity Foundation filed.
2020-05-04
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2020-05-04
Brief amici curiae of Law Professors Leah Litman, et al. filed.
2020-04-30
Blanket Consent filed by Petitioner, Charles Borden, Jr.
2020-04-27
Brief of petitioner Charles Borden, Jr. filed.
2020-04-20
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2020-03-22
Motion to dispense with printing the joint appendix filed by petitioner Charles Borden, Jr.
2020-03-16
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.
2020-03-05
Motion for an extension of time to file the briefs on the merits filed.
2020-03-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Letter of petitioner Charles Borden, Jr. filed.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-11-07
Rescheduled.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-29
Waiver of the 14-day waiting period under 15.5 filed.
2019-10-21
Response to petition from respondent United States of America filed.
2019-09-25
Supplemental brief of petitioner Charles Borden, Jr. filed.
2019-09-25
Motion to extend the time to file a response is granted and the time is further extended to and including October 21, 2019.
2019-09-24
Motion to extend the time to file a response from September 30, 2019 to October 21, 2019, submitted to The Clerk.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
2019-08-20
Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)
Attorneys
Americans for Prosperity Foundation
Charles Borden, Jr.
Erin Phillippi Rust — Federal Defender Services, Petitioner
Criminal Justice Legal Foundation
FAMM
David John Debold — Gibson Dunn & Crutcher LLP, Amicus
Immigrant Rights Organizations
Law Professors Leah Litman et al.
Jeffrey Alan Lamken — MoloLamken LLP, Amicus
National Association of Criminal Defense Lawyers
Ishan Kharshedji Bhabha — Jenner and Block LLP, Amicus
National Association of Federal Defenders
David A. Barrett — Boies Schiller Flexner LLP, Amicus
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent