Supreme Court of the United States · Official docket →
Justin Rashaad Brown v. United States
IFP petition · United States Court of Appeals for the Third Circuit, No. 21-1510 · judgment August 29, 2022
Question presented
Consolidated with 22-6640. The Armed Career Criminal Act provides that felons who possess a firearm are normally subject to a maximum 10-year sentence. But if the felon already has at least three "serious drug offense" convictions, then the minimum sentence is fifteen years. Courts decide whether a prior state conviction counts as a serious drug offense using the categorical approach. That requires determining whether the elements of a state drug offense are the same as, or narrower than those of its federal counterpart. If so, the state conviction qualifies as an ACCA predicate. But federal drug law often changes-as here, where Congress decriminalized hemp, narrowing the federal definition of marijuana. If state law doesn't follow suit, sentencing courts face a categorical conundrum. Under an earlier version of federal law, the state and federal offenses match-and the state offense is an ACCA predicate. Under the amended version, the offenses do not match-and the state offense is not an ACCA predicate. So the version of federal law that the court chooses to consult dictates the difference between serving a 10-year maximum or a 15-year minimum. The question presented is: Which version of federal law should a sentencing court consult under ACCA's categorical approach?
Counsel of record
For petitioner
Andrew Lee Adler
Federal Public Defender's Office
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 merits
(4 supporting pet./neither)
Related
Vide, 22-6640
Argument & decision
Argued November 27, 2023 — Jeffrey T. Green · Andrew Adler · Austin Raynor. Audio and transcript
Decided May 23, 2024. Opinion by Alito.
Proceedings
- Jun 24 2024Judgment Issued.
- May 23 2024Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Gorsuch, J., joined as to Parts I, II, and III. VIDED.
- Nov 27 2023Argued. For petitioner Brown: Jeffrey T. Green, Washington, D. C. For petitioner Jackson: Andrew Adler, Assistant Federal Public Defender, Fort Lauderdale, Fla. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Oct 19 2023CIRCULATED
- Oct 19 2023Electronic record received from the United States Court of Appeals for the Third Circuit.
- Oct 13 2023Record requested from the United States Court of Appeals for the Third Circuit.
- Oct 12 2023SET FOR ARGUMENT on Monday, November 27, 2023. VIDED.
- Oct 02 2023Motion for divided argument filed by petitioners GRANTED. VIDED.
- Sep 20 2023Reply of petitioner Justin Rashaad Brown (as to 22-6389) filed.
- Sep 20 2023Reply of petitioner Eugene Jackson (as to 22-6640) filed.
- Aug 28 2023Motion for divided argument filed by petitioners Eugene Jackson. VIDED.
- Aug 21 2023Motion to dispense with printing the joint appendix in No. 22-6640 filed by petitioner GRANTED.
- Aug 21 2023Brief of respondent United States filed. VIDED.
- Jul 19 2023Brief amicus curiae of National Association of Federal Defenders filed. VIDED.
- Jul 19 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
- Jul 19 2023Brief amicus curiae of Clause 40 Foundation (in 22-6640) filed.
- Jul 19 2023Brief amicus curiae of FAMM filed. VIDED.
- Jul 17 2023Notice of Substitution of Counsel of Record filed on behalf of petitioner (as to 22-6389).
- Jul 12 2023Brief of petitioner Justin Rashaad Brown (as to 22-6389) filed.
- Jul 12 2023Joint appendix (as to 22-6389) filed. (Statement of costs filed)
- Jul 12 2023Brief of petitioner Eugene Jackson (as to 22-6640) filed.
- Jun 20 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendices and petitioners' briefs on the merits is extended to and including July 12, 2023. The time to file respondents' briefs on the merits is extended to and including August 21, 2023. VIDED.
- Jun 13 2023Motion to dispense with printing the joint appendix filed by petitioner (as to 22-6640).
- Jun 01 2023Motion for an extension of time to file the briefs on the merits filed. VIDED.
- May 25 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-6389. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-6389. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- May 15 2023Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 22-6640 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- May 08 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 13 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 12 2023Reply of petitioner Justin Rashaad Brown filed. (Distributed)
- Mar 24 2023Brief of respondent United States filed.
- Feb 16 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023.
- Feb 15 2023Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk.
- Jan 12 2023Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
- Jan 12 2023Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023.
- Dec 21 2022Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)
- Nov 22 2022Application (22A453) granted by Justice Alito extending the time to file until December 28, 2022.
- Nov 18 2022Application (22A453) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to December 28, 2022, submitted to Justice Alito.