Friedman Legal Solutions, PLLC

Criminal Appellate & Post-Conviction Services

Armed Career Offender

SCOTUS Strikes Down ACA's Residual Clause

Individuals with a prior criminal record can have face fifteen year minimum sentences if they commit a new offense while possessing a firearm. These penalties are often harsh and unyielding. In Johnson v United States, the Supreme Court struck down the residual clause which made individuals guilty of violating this offense for having prior offenses which had a general element of violence. Under the modified categorical approach adopted by the court in past decisions, the focus is not on the specific offense, but the elements of the offense generally. Whether a particular offense qualified as a violent offense under the ACA was a point on which many legal minds often quibbled. Reversing a 2011 ruling, Justice Scalia writing for the Court found that the so-called residual clause constituted cruel or unusual punishment. Johnson v United States, No. 13-7120.