SHORT-BARRELED SHOTGUN

Issues

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

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Issues

The Supreme Court will hear rearguments in this case to determine whether the “residual clause” in the Armed Career Criminal Act (“ACCA”) is unconstitutionally vague. The original issue on appeal urged the Court to consider whether possession of a short-barreled shotgun is a violent felony under the ACCA, but after oral arguments, the Court ordered a rehearing to determine whether the ACCA’s residual clause itself is unconstitutionally vague. The Petitioner, Samuel Johnson, argues that the residual clause is unconstitutionally vague and violates due process. In opposition, the Respondent, the United States, contends that the clause is not unconstitutionally vague and successfully provides direction to judges and citizens when determining how to conform their actions to the law. The outcome of this case may effect the role of judges in interpreting the residual clause of the ACCA, the uniformity of sentencing across different states, and the level of notice people have regarding whether a crime is a violent felony under the ACCA. 

Questions as Framed for the Court by the Parties

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