Myers v. United States
In brief
The Supreme Court wiped out the Eighth Circuit's ruling (vacated) and sent Myers's case back to that court (remanded), but did not decide whether his conviction is a violent felony.
- Where it stands
- Case remanded
Remanded · May 13, 2019
- What it’s about
- James Myers challenged the use of his Arkansas conviction for first-degree terroristic threatening as a “violent felony” under the Armed Career Criminal Act.
- Who it affects
- The Eighth Circuit must reconsider the case in light of the Solicitor General's position. The Supreme Court left open both whether Mathis's divisibility rules apply here and whether Myers's conviction is a violent felony.
Summary: written with AI from the case record.

What it's about
The Supreme Court vacated the Eighth Circuit’s judgment and sent the case back for reconsideration in light of the Solicitor General’s position.
The case links the Armed Career Criminal Act's violent-felony rule with Mathis's rules for deciding whether a statute lists separate offenses and with an Arkansas threatening statute.
Question presented
1. Do the principles regarding a statute’s divisibility announced in Mathis v. United States, 136 S. Ct. 2243 (2016), apply both to offenses analyzed under the “force clause” of 18 U.S.C. § 924(e)(2)(B)(i) and those analyzed as “enumerated offenses” under § 924(e)(2)(B)(ii)? 2. Does the offense of first-degree terroristic threatening under Ark. Code Ann. § 5-13-301(a)(1)(A) qualify as a violent felony under the Armed Career Criminal Act?
What the Court decided
Holding
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on March 21, 2019. The Chief Justice, with whom Justice Thomas, Justice Alito, and Justice Kavanaugh join, dissenting. (Detached Opinion )
- Result
- Remanded
What's next
The Eighth Circuit will reconsider the case after the Supreme Court sent it back (remanded it) in light of the Solicitor General's position. The two legal questions remain open.
Documents
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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More questions
- What did the Supreme Court do in James Myers's case?
- It wiped out the Eighth Circuit's ruling (vacated) and sent the case back to that court (remanded). It did not decide the main legal questions.
- Did the Court decide whether Myers's conviction was a violent felony?
- No. The order did not decide whether the Arkansas conviction qualifies as a violent felony under the Armed Career Criminal Act.
- What questions remain open in Myers?
- The Court left open how Mathis's divisibility principles apply and whether first-degree terroristic threatening is a violent felony under the Armed Career Criminal Act.
- Why was Myers's case sent back?
- The Eighth Circuit must reconsider the case in light of the Solicitor General's position in a brief filed March 21, 2019.
- What happens next for Myers?
- The case goes back to the Eighth Circuit for further consideration. The Supreme Court's order does not decide who wins.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.