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January 13, 2010

More background on Johnson v. United States

I mentioned in class that the supplemental problem involving Tommy Johnson is based on a real case now pending before the US Supreme Court.  The case is Johnson v. US, and this webpage at SCOTUSwiki provides lots of background on the technical legal issue in Johnson that is currently before the Supreme Court.  That page also provides links to all the briefs filed in the Supreme Court.

Because many students are interested in mandatory minimum sentencing provisions, and especially because the Armed Career Criminal Act (“ACCA”) is among the most important (and most severe) federal mandatory minimum sentencing provisions, I encourage everyone to take a little time to check out some of the briefs in Johnson.  For law geeks like me, the Brief for National Association of Criminal Defense Lawyers in Support of Petitioner is especially interesting because it argues that "the rule of lenity has special force in interpreting criminal statutes that impose a mandatory minimum sentence."

January 13, 2010 in SCOTUS cases of note | Permalink


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