RESIDUAL CLAUSE

SCOTUS in Context: A Brief History of the ACCA Before the Court

By Kristen Annunziato

The Armed Career Criminal Act (ACCA) of 1984 proscribes strict penalties for felons found in possession of a firearm. If the felon has a criminal record of at least three prior convictions for “violent felonies,” they are subjected to a mandatory minimum sentence of fifteen years imprisonment with a potential maximum of life behind bars for repeat offenders. 18 U.S.C.A. §924(e)(1)(West 2006); 18 U.S.C.A. §924(c)(1)(C)(ii)(West 2006). The statute, which was passed as part of the Reagan-era criminal law overhaul, has perplexed federal courts for decades. See Sykes v. United States, 564 U.S. 1 (2011); James v. United States, 550 U.S. 195 (2007); United States v. Mayer, 560 F.3d 948 (9th Cir. 2009); Johnson v. United States, 135 S.Ct. 2551 (2015). At the heart of the multifaceted debate surrounding the act’s interpretation lies one brief question: what exactly is a violent felony? . . .