March 15, 2010
Reviewing the latest ACCA ruling from SCOTUSThe Florida Times-Union has this effective article discussing the Supreme Court's recent ruling in the Johnson ACCA case (basics here). The piece is headlined "U.S. Supreme Court tosses career criminal sentence in Jacksonville case: High court puts shackles on career criminal guidelines," and here is how it starts:
A U.S. Supreme Court ruling this month in a Jacksonville man's case will force federal courts to use more scrutiny before imposing mandatory sentences for so-called armed career criminals, legal observers say.
The court ruled March 2 that Florida's simple battery law is not a violent crime federal prosecutors can use to enhance sentences for gun criminals. The federal Armed Career Criminal Act calls for a mandatory 15-year sentence for anyone convicted of a gun crime who has at least three prior violent felonies.
For Curtis Darnell Johnson, who pleaded guilty in 2007 to unlawfully transporting firearms, the opinion means his current 15-year sentence will be reduced. Prosecutors had used a 2002 battery conviction as one of the underlying crimes to charge him as an armed career criminal. But Justice Antonin Scalia, writing for a 7-2 majority, said Florida's battery statute doesn't constitute a violent felony because physical force isn't an element of the crime.
Johnson, 41, now faces a 10-year maximum and just two to three years under federal sentencing guidelines, said Assistant Federal Defender Lisa Call of Jacksonville, who argued the case in Washington in October.
The article goes on to explain why it is unlikely that all too many other cases are sure to be directly impacted by the Justices' work in Johnson. But the amazing reality that Curtis Darnell Johnson is now only facing about 2-3 years under the guidelines rather than being subject to a 15-year mandatory minimum under the Armed Career Criminal Act highlights the dramatic impact of this ruling for at least one defendant.
March 15, 2010 at 09:17 AM | Permalink
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