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SENTENCING ENHANCEMENTS

Johnson v. United States

Issues

Is possession of a short-barreled shotgun a violent felony under the Armed Career Criminal Act?

The Supreme Court will consider whether possession of a short-barreled shotgun can be considered a violent felony for purposes of the Armed Career Criminal Act (“ACCA”). Johnson argues that possession alone of a short-barreled shotgun is not inherently violent, unlike the other violent felonies listed in the ACCA. The United States asserts that possession of a short-barreled shotgun is a violent felony because the possession of a dangerous weapon greatly increases the likelihood that a possessor will injure or kill others. The Court’s ruling implicates the law of sentencing enhancements, the classification of violent felonies, and the scope of the ACCA. 

Questions as Framed for the Court by the Parties

Whether the mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act?

The Federal Bureau of Investigation started investigating Samuel James Johnson’s participation in the Aryan Liberation Movement (“Movement”) in 2010. See United States v. Johnson, No. 12-3123, 2013 WL 3924353, at *1 (8th Cir. 2013). Johnson intended to counterfeit United States currency in order to support the activities of the Movement.

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Acknowledgments

The authors would like to thank Professor Jens Ohlin from Cornell Law School for his insights into this case.

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