Significant Decision Made in the Armed Career Criminal Act

Significant Decision Made in the Armed Career Criminal Act

Significant Decision Made in the Armed Career Criminal Act

Significant Decision Made in the Armed Career Criminal Act

Borden is a United States Supreme Court case involving the classification of prior convictions for “violent felony” in the application of Armed Career Criminal Act (ACCA); the ACCA provides for enhanced sentencing for convicted criminals with three or more such felonies in their history. In a 5–4 decision in June 2021, the Supreme Court ruled that crimes resulting from reckless conduct should not be considered as a “violent felony” for the purposes of the ACCA.

The High Court’s decision made plain a criminal offense with a mens rea of recklessness does not qualify as a “violent felony” under the Armed Career Criminal Act’s elements clause. The decision is certainly good news. Borden follows a string of favorable decision effecting in sentence reduction, something we fully support, handed down in the past several years like Johnson v. United States, ___U.S. ___, 135 S. Ct. 2551, 2563, 192 L.Ed.2d 569 (2015).

TheSupreme Court’s decisions in Johnson invalidated the ACCA ‘s residual and Welch v. United States, 578 U.S. ___, 136 S. Ct. 1257 (2016) made Johnson retroactive. In Welch, the Supreme Court held that Johnson announced a new substantive rule that applies retroactively to ACCA § 924(e) residual clause cases on collateral review. Welch, 578 U.S. at ––––, 136 S. Ct. at 1264–65.

Both Johnson and Welch add import to Borden. They establish that anyone who was sentenced to an enhanced sentence, and one of the predicate previous crimes of violence were crimes resulting from reckless conduct, put your 28 USC §2255 paperwork in and give that time back.

Contact an Experienced Philadelphia Criminal Defense Attorney About Your Charges in Pennsylvania


Have you been charged with a crime in Pennsylvania? A conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified criminal defense lawyer about your case. The lawyers at Marrone Law Firm, LLC represent clients in Philadelphia, Center City, University City, and throughout Pennsylvania. Call (866) 732-6700 or fill out our confidential online form to schedule a free consultation about your case. We have an office located at 200 S. Broad St., Suite 400, Philadelphia, PA 19102.

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