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No. 19-7933October Term 2019Decided Apr 20, 2020

Docket 19-7933October Term 2019 (2019–2020)

Bogard v. United States

The Supreme Court did not take up Bogard's case, leaving the Ninth Circuit's result in place.

Case status

Current stage
Decided
Latest event
Decision released Apr 20, 2020
Case Accepted
Arguments
Decision ReleasedApr 20, 2020
What it's about

This is a pending case where the petitioner is asking the Supreme Court to review a lower court decision involving the United States government, while also requesting permission to proceed without paying standard filing fees.

Question presented

Whether 18 U.S.C. § 924(c)(3)(A)’s “force clause” encompasses crimes that can be committed with a mens rea of recklessness.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Apr 20, 2020

Area

Decided Supreme Court case

Briefing

What it's about

Bogard asked the Supreme Court to review a Ninth Circuit decision about whether his federal sentence challenge was filed on time after Johnson v. United States and whether language in the old mandatory sentencing guidelines is unconstitutionally vague. The Court declined review, so it did not decide those questions on the merits.

Vote

The Court declined review, but the available record does not provide a vote count or opinion lineup.

Impact

This matters for federal prisoners trying to reopen older sentences based on Johnson. For example, someone arguing that a vague guideline language increased a sentence does not get new national guidance from this case.

What's next

This Supreme Court docket is finished. Any further relief for Bogard would have to come outside this completed Supreme Court proceeding.

What did the Supreme Court do in Bogard v. United States?

The Court declined to hear Bogard's appeal. It did not decide his Johnson-based sentencing questions on the merits.

Who is affected by the Bogard outcome?

Federal prisoners making similar Johnson-based challenges to old mandatory guideline sentences are most affected. The Ninth Circuit's ruling still controls this case.

What happens next in Bogard v. United States?

This Supreme Court docket is over. The lower-court result stays in place unless some other court action changes it.

Decision

Decision record

What the Court decided

The Supreme Court did not take up Bogard's case, leaving the Ninth Circuit's result in place.

Impact

This matters for federal prisoners trying to reopen older sentences based on Johnson. For example, someone arguing that a vague guideline language increased a sentence does not get new national guidance from this case.

Not official Court text.

Timing

Decided April 20, 2020

The Court released its decision on April 20, 2020 without hearing oral argument.