The Force Clause Post-Borden: Going Forward and Backward
In Borden v. United States, 141 S. Ct. 1817 (2010), the Supreme Court held that a criminal offense that requires only a mens rea of recklessness cannot count as a "violent felony" under the Armed Career Criminal Act's (ACCA's) force clause or elements clause. ACCA enhances the sentence of anyone convicted under 18 U.S.C. SS 922(g) of being a felon in possession of a firearm if she has three or more prior convictions (whether state or federal) for a "violent felony" or a "serious drug offense," or both. The increase in penalty is severe: A 10-year maximum sentence turns into a 15-year minimum. This webinar will analyze the Borden decision and its application to the ACCA and other enhancements in pending and future cases, as well as cases that are final on direct review, e.g., post-conviction remedies. The webinar will also discuss strategies to challenge application of ACCA's force clause beyond Borden's holding.
Paresh Patel is currently the Appellate Chief at the Office of the Federal Public Defender for the District of Maryland. He has been at the Federal Public Defender since 2003. Before then, he worked as a staff attorney at the Public Defender Service in Washington, D.C. and the Office of the Appellate Defender in New York, New York. In 1999-2000, he clerked for the Honorable Ancer L. Haggerty of the United States District Court for the District of Oregon in Portland. Paresh earned his J.D. from American University in 1996, and he received his undergraduate degree from the University of Southern California in 1993.
Erin Rust was counsel of record in United States v. Borden, 141 S. Ct. 1817 (2010), and is currently an Assistant Federal Defender serving in the Appellate Unit at Federal Defender Services of Eastern Tennessee, Inc. She has been with Federal Defender Services since 2014 handling retroactive/post-conviction cases and district court cases in the Trial Unit before transitioning to appeals. Previously she was in private practice. Erin earned her J.D. from Washington University in St. Louis in 2010, and her undergraduate degree from Maryville College in 2006.