Does the 'use of force' clause in the Armed Career Criminal Act (the 'ACCA)

QUESTION PRESENTED FOR REVIEW 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?! 1 This same question is before the Court in Borden v. United States, No. 19-5410 (argued Nov. 3, 2020). Borden involves the Tennessee robbery statute which, like the Texas robbery statute, Tex. Penal Code Ann. § 29.02, includes a mens rea of recklessness. Thus, the Court’s decision in Borden likely will be dispositive of Joiner’s petition for writ of certiorari. Accordingly, Joiner’s petition should be held pending the Court’s resolution of Borden, and then disposed of as appropriate in light of the decision in that case. No. In the Supreme Court of the United States ROSHAWN DEON JOINER, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Roshawn Deon Joiner asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on August 14, 2020.