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Charles Borden, Jr. v. United States

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 18-5409 · judgment April 25, 2019

Decided · June 10, 2021

Questions presented

  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? LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Counsel of record

For petitioner
Erin Alix Phillippi Rust
Federal Defender Services of Eastern TN, Inc.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 4 conferences

Amicus briefs
7 merits
(6 supporting pet./neither, 1 respondent)

Argument & decision

Argued November 3, 2020 — Kannon K. Shanmugam · Eric J. Feigin. Audio and transcript

Decided June 10, 2021. Opinion by Kagan.

Proceedings

  1. Jul 12 2021
    JUDGMENT ISSUED.
  2. Jun 10 2021
    Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an opinion 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.
  3. Nov 03 2020
    Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
  4. Sep 02 2020
    CIRCULATED
  5. Sep 01 2020
    Record of the U.S.C.A. 6th Circuit electronically received (includes sealed material and district court record).
  6. Aug 31 2020
    Record requested from the U.S.C.A. 6th Circuit.
  7. Aug 19 2020
    SET FOR ARGUMENT on Tuesday, November 3, 2020.
  8. Jul 08 2020
    Reply of petitioner Charles Borden, Jr. filed.
  9. Jun 15 2020
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  10. Jun 08 2020
    Brief of respondent United States of America filed.
  11. May 04 2020
    Brief amici curiae of Law Professors Leah Litman, et al. filed.
  12. May 04 2020
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  13. May 04 2020
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  14. May 04 2020
    Brief amici curiae of Immigrant Rights Organizations filed.
  15. May 04 2020
    Brief amicus curiae of National Association of Federal Defenders filed.
  16. May 04 2020
    Brief amicus curiae of FAMM filed.
  17. Apr 30 2020
    Blanket Consent filed by Petitioner, Charles Borden, Jr.
  18. Apr 27 2020
    Brief of petitioner Charles Borden, Jr. filed.
  19. Apr 20 2020
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  20. Mar 22 2020
    Motion to dispense with printing the joint appendix filed by petitioner Charles Borden, Jr.
  21. Mar 16 2020
    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.
  22. Mar 05 2020
    Motion for an extension of time to file the briefs on the merits filed.
  23. Mar 02 2020
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
  24. Feb 24 2020
    DISTRIBUTED for Conference of 2/28/2020.
  25. Feb 14 2020
    DISTRIBUTED for Conference of 2/21/2020.
  26. Jan 23 2020
    Letter of petitioner Charles Borden, Jr. filed.
  27. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  28. Nov 07 2019
    Rescheduled.
  29. Oct 31 2019
    DISTRIBUTED for Conference of 11/15/2019.
  30. Oct 29 2019
    Waiver of the 14-day waiting period under 15.5 filed.
  31. Oct 21 2019
    Response to petition from respondent United States of America filed.
  32. Sep 25 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including October 21, 2019.
  33. Sep 25 2019
    Supplemental brief of petitioner Charles Borden, Jr. filed.
  34. Sep 24 2019
    Motion to extend the time to file a response from September 30, 2019 to October 21, 2019, submitted to The Clerk.
  35. Aug 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
  36. Aug 20 2019
    Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk.
  37. Jul 24 2019
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)