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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology