Borden v. United States

The Supreme Court is being asked whether a past crime committed with a reckless mental state counts as a "violent felony" under the Armed Career Criminal Act, a federal law that can increase prison time. The question centers on ACCA's "use of force" clause and whether it reaches reckless conduct.

The case has not been scheduled for oral argument yet. The dispute is whether ACCA's phrase about "the use, attempted use, or threatened use of physical force against the person of another" includes crimes committed recklessly.

The answer could change sentence lengths for people convicted of unlawful firearm possession who also have older state convictions. For example, a defendant with a prior assault conviction based on recklessness could face a longer or shorter sentence depending on how the clause is read.

The next thing to watch is whether the Court schedules oral argument or makes another calendar move. No decision window is available yet.

The Court is reviewing whether a crime committed recklessly counts under ACCA's force clause. That answer affects whether some prior convictions trigger longer federal sentences.

People sentenced under ACCA could be affected, especially those whose earlier convictions involved recklessness. Their prison terms could change depending on the Court's reading.

The next milestone is a scheduling move from the Supreme Court, such as setting oral argument. The prompt does not provide a likely decision date.