Supreme Court Commentaries
Constitutional Law | Law
This commentary previews an upcoming Supreme Court case, Johnson v. United States in which the Court will decide whether conviction for mere possession of a short-barreled shotgun qualifies as a "violent felony" that warrants sentence-enhancement under the Armed Career Criminals Act. The Author argues that he plain text of the statute and the Court's prior cases on the issue suggest tat convictions for "mere possession" do not satisfy the definition of "violent felony" and that the Court should overturn the Eighth Circuit's ruling upholding Johnson's sentence enhancement.
Jonathan Robe, Violently Possessed: Johnson as the Vehicle for limiting Sentencing Enhancement under the Armed Career Criminals Act, 10 Duke Journal of Constitutional Law & Public Policy Sidebar 105-126 (2015)