https://padlet.com/acaval5441/hxf4gn1f2u2d24hi Does the “use of force” clause in the Armed Career Criminal Act encompass crimes with an intent requirement of mere recklessness? en-us 2020-11-16 15:23:09 UTC 2025-11-07 12:50:33 UTC hello@padlet.com acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927586977 2020]]> 2020-11-16 15:25:39 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927586977 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927684990 In 2017, Charles Borden, Jr., was caught with a pistol during a traffic stop. He pleaded guilty to possessing a firearm as a felon. Borden had three previous Tennessee aggravated assault convictions. The U.S. District Court for the Eastern District of Tennessee sentenced him to nine years and seven months of imprisonment. Borden objected to his sentence, arguing one of his previous assaults did not qualify as a "crime of violence" under the U.S. sentencing guidelines.]]> 2020-11-16 15:43:29 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927684990 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927691394 United States Court of Appeals for the Sixth Circuit.]]> 2020-11-16 15:44:38 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927691394 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927729883 Verwiebe violated his due process protections and Verwiebe was wrongly decided. He stated, "In the absence of direction from this Court, a circuit split has developed, and continues to deepen, regarding whether crimes committed recklessly are sufficient to trigger the fifteen-year mandatory minimum of the ACCA." ]]> 2020-11-16 15:51:45 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927729883 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927810874 reckless aggravated assault does constitute a violent felony under the “use of force” clause of the ACCA, the district court held that all three of Borden’s aggravated assault victims constituted “crime[s] of violence” under the ACCA and designated him as an armed career criminal.]]> 2020-11-16 16:06:52 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927810874 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927823623 This case was not against a public official. It was a federal ruling and legislation because of the legislation and sentencing. This impacts us today because it hopefully will make judges and the jury review past and present convictions more and take acts into consideration to be lawful and fair.]]> 2020-11-16 16:09:11 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927823623 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927842140 This case is judicial activism because it is to review the ruling.]]> 2020-11-16 16:12:29 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927842140 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927892296 2020-11-16 16:21:28 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927892296 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927895269 2020-11-16 16:22:00 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927895269 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927896892 2020-11-16 16:22:18 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927896892 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927904807 2020-11-16 16:23:42 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927904807 acaval5441 https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927920407 Chief justice: John Roberts
Associate judges: Samuel Alito, Amy Coney Barrett, Stephen Breyer, Neil Gorsuch, Elena Kagan, Brett Kavanaugh, Sonia Sotomayor, Clarence Thomas]]> 2020-11-16 16:26:28 UTC https://padlet.com/acaval5441/hxf4gn1f2u2d24hi/wish/927920407