Johnson: Remembrance of Illegal Sentences Past
نویسنده
چکیده
The Armed Career Criminal Act (ACCA) imposes a harsh mandatory minimum sentence for simple possession of a firearm. Under the ACCA, an individual convicted of unlawfully possessing a firearm or ammunition under 18 U.S.C. § 922(g), who also has three prior convictions that qualify as serious drug offenses or violent felonies, faces a mandatory minimum sentence of 15 years. Violent felonies are broken down into two types of crimes: (1) crimes that have an element of physical force against the person of another, and (2) crimes that are ‘‘burglary, arson, or extortion, involve[] use of explosives, or otherwise involve[] conduct that presents a serious potential risk of physical injury to another.’’ The final phrase is known as the ‘‘residual clause.’’ Courts have long struggled to determine what crimes qualify under the residual clause. On June 26, 2015, the Supreme Court declared the residual clause void for vagueness in Johnson v. United States—a case decided almost thirty years after the residual clause was added to the ACCA and the Supreme Court’s fifth case analyzing the clause. Given the long life of the ACCA and the varied circumstances in which the residual clause has been applied, Johnson could have profound effects in the federal criminal system. Incarcerated individuals whose sentences depend on the ACCA residual clause, or similar guideline and statutory provisions, may have claims for sentencing relief.
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