Supreme Court Grants Cert To Decide If ACCA’s “Use of Force” Clause Includes Crimes With A Mens Rea Of Recklessness

The United States Supreme Court granted certiorari review from the United States Court of Appeals for the Sixth Circuit in Borden v. United States, No 19-5410 (Mar. 2, 2020) (cert. granted), to decide whether the “use of force” clause in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(i), encompasses a mens rea of recklessness.  Readers may recall this ACCA issue was previously granted certiorari review in Walker v. United States, No. 19-373, but was dismissed on January 27, 2020, after Petitioner Walker died.

The certiorari stage documents in Borden are available on the Supreme Court’s website here.  The Training Division provides sentencing resources to help you argue for the best sentence possible for your clients.