Welch v. United States

578 U.S. 120, 136 S. Ct. 1257, 194 L. Ed. 2d 387, 26 Fla. L. Weekly Fed. S 77, 2016 U.S. LEXIS 2451, 84 U.S.L.W. 4195
Supreme Court of the United States·Decided April 18, 2016·No. 15–6418.·Published·Cited by 1,399 cases

Opinions

Justice KENNEDY delivered the opinion of the Court.

Last Term, this Court decided Johnson v. United States, 576 U.S. ----, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Johnson considered the residual clause of the *1261Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii). The Court held that provision void for vagueness. The present case asks whether Johnson is a substantive decision that is retroactive in cases on collateral review.

I

Federal law prohibits any felon-meaning a person who has been convicted of a crime punishable by more than a year in prison-from possessing a firearm. 18 U.S.C. § 922(g). A person who violates that restriction can be sentenced to prison for up to 10 years. § 924(a)(2). For some felons, however, the Armed Career Criminal Act imposes a much more severe penalty. Under the Act, a person who possesses a firearm after three or more convictions for a "serious drug offense" or a "violent felony" is subject to a minimum sentence of 15 years and a maximum sentence of life in prison. § 924(e)(1). Because the ordinary maximum sentence for a felon in possession of a firearm is 10 years, while the minimum sentence under the Armed Career Criminal Act is 15 years, a person sentenced under the Act will receive a prison term at least five years longer than the law otherwise would allow.

The Act defines "violent felony" as

"any crime punishable by imprisonment for a term exceeding one year ... that-
"(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
"(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." § 924(e)(2)(B).

Subsection (i) of this definition is known as the elements clause. The end of subsection (ii)-"or otherwise involves conduct that presents a serious potential risk of physical injury to another"-is known as the residual clause. See Johnson, supra, at ----, 135 S.Ct., at 2555-2556. It is the residual clause that Johnson held to be vague and invalid.

The text of the residual clause provides little guidance on how to determine whether a given offense "involves conduct that presents a serious potential risk of physical injury." This Court sought for a number of years to develop the boundaries of the residual clause in a more precise fashion by applying the statute to particular cases. See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007) (residual clause covers Florida offense of attempted burglary); Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008) (residual clause does not cover New Mexico offense of driving under the influence of alcohol); Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009) (residual clause does not cover Illinois offense of failure to report to a penal institution); Sykes v. United States, 564 U.S. 1, 131 S.Ct. 2267, 180 L.Ed.2d 60 (2011) (residual clause covers Indiana offense of vehicular flight from a law-enforcement officer). In Johnson, a majority of this Court concluded that those decisions did not bring sufficient clarity to the scope of the residual clause, noting that the federal courts remained mired in "pervasive disagreement" over how the clause should be interpreted. Johnson, 576 U.S., at ----, 135 S.Ct., at 2560.

The Johnson Court held the residual clause unconstitutional under the void-for-vagueness doctrine, a doctrine that is mandated by the Due Process Clauses of the Fifth Amendment (with respect to the Federal Government) and the Fourteenth Amendment (with respect to *1262the States). The void-for-vagueness doctrine prohibits the government from imposing sanctions "under a criminal law so vague that it fails to give ordinary people fair notice of the conduct it punishes, or so standardless that it invites arbitrary enforcement." Id., at ----, 135 S.Ct., at 2556. Johnson determined that the residual clause could not be reconciled with that prohibition.

The vagueness of the residual clause rests in large part on its operation under the categorical approach. The categorical approach is the framework the Court has applied in deciding whether an offense qualifies as a violent felony under the Armed Career Criminal Act. See id., at ----, 135 S.Ct., at 2556-2557.

Free access — add to your briefcase to read the full text and ask questions with AI

Welch v. United States, 578 U.S. 120, 136 S. Ct. 1257, 194 L. Ed. 2d 387, 26 Fla. L. Weekly Fed. S 77, 2016 U.S. LEXIS 2451, 84 U.S.L.W. 4195 (2016).

578 U.S. 120 (Welch v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Parker (Slip Opinion)
2019 Ohio 3848 (Ohio Supreme Court, 2019)
United States v. Nguyen
Tenth Circuit, 2018
Com. v. Bell, D.
Superior Court of Pennsylvania, 2018
United States v. Hernandez
Tenth Circuit, 2018
Charles Harper v. United States
Eleventh Circuit, 2018
United States v. West
District of Columbia, 2018
United States v. Dubarry
Tenth Circuit, 2018
United States v. Sanchez
Tenth Circuit, 2018
United States v. Smith
District of Columbia, 2018
United States v. DeWilliams
Tenth Circuit, 2018
United States v. Ledell L. Ellis
Eleventh Circuit, 2018
Carl Leo Davis v. United States
Seventh Circuit, 2018
United States v. Deiter
Tenth Circuit, 2018