Reckless crimes and gun sentences
Borden v. United States
In brief
The Supreme Court decided that an offense with a reckless mental state is not a violent felony under ACCA’s elements clause, overturned the Sixth Circuit’s judgment (reversed), and sent the case back (remanded).
- Where it stands
- Decided
Decided 5-4 · June 10, 2021 · Opinion by Justice Kagan
- What it’s about
- This case asked whether a prior crime committed with a reckless mental state counts as a "violent felony" under the Armed Career Criminal Act, which increases sentences for some firearm offenders with certain prior convictions.
- Who it affects
- A prior offense with a reckless mental state cannot count as a violent-felony conviction under ACCA’s elements clause. That narrows which prior convictions can trigger higher sentences for some firearm offenders.
Summary: written with AI from the case record.
What it's about
The Supreme Court held that offenses based only on recklessness do not qualify under ACCA’s elements clause.
ACCA is a federal sentencing law that increases penalties for some firearm offenders who have at least three qualifying prior convictions.
Question presented
Does the "use of force" clause in the Armed Career Criminal Act (the "ACCA"), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness?
What the Court decided
Holding
The judgment is reversed, and the case is remanded. 769 Fed. Appx. 266, reversed and remanded. JUSTICE KAGAN, joined by JUSTICE BREYER, JUSTICE SOTOMAYOR, and JUSTICE GORSUCH, concluded that a criminal offense with a mens rea of recklessness does not qualify as a “violent felony” under ACCA’s elements clause.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Thomaswrote separately
From the opinions
“ACCA does not ensnare low-level offenders or small-time criminals.”
What's next
The Supreme Court sent the case back to the Sixth Circuit for further proceedings (remanded). The record does not state the final result of those proceedings.
Documents
Docket activity
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
New analysis added
AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
Case data updated: status, opinion_date
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Brief added: Questions Presented
More questions
- What did the Supreme Court decide in Borden v. United States?
- It decided that an offense with a reckless mental state does not qualify as a violent felony under ACCA’s elements clause.
- What effect does Borden have on ACCA sentencing?
- A prior offense based only on recklessness cannot count under ACCA’s elements clause. That can keep ACCA’s higher sentencing rule from applying.
- Who agreed and disagreed with the judgment in Borden?
- Justice Kagan wrote the opinion signed by Justices Breyer, Sotomayor, and Gorsuch. Justice Thomas agreed with the result for different reasons, while Justice Kavanaugh disagreed, with Roberts, Alito, and Barrett signing his dissent.
- What happens next after Borden v. United States?
- The case goes back to the Sixth Circuit for further proceedings (remanded). The record does not state the final result.
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.