The U. S. Supreme Court held an important part of the Armed Career Criminal Act (ACCA) unconstitutional on June 26, 2015. (Johnson v. United States, No. 13-7120).
District courts have long had great discretion in determining whether a defendant's prior felonies were "violent" for purposes of the ACCA. The Supreme Court held that trial courts may no longer use the residual clause of the statute and look at the particular facts of a defendant's prior crime. Courts must now use the "categorical approach" when deciding whether an offense is a violent felony, looking "only to the fact that the defendant has been convicted of crimes falling within certain categories, and not to the facts underlying the prior convictions."
In finding that the residual clause is unconstitutionally vague, the Court has opened the door to potential resentencings for a large number of federal inmates. Because the ACCA carries a 15 year mandatory minimum sentence, many defendants should be eligible for significant reductions in their sentences.
Our office has represented a number of clients charged with being felons in possession of firearms, and, as a result of their prior violent felonies, qualifying as armed career criminals. We look forward to helping these individuals and are willing to help new clients the Johnson case will benefit as well.
