Descamps v. United States explained

Litigants:Descamps v. United States
Arguedate:January 7
Argueyear:2013
Decidedate:June 20
Decideyear:2013
Fullname:Matthew Robert Descamps, Petitioner v. United States Attorney- Dan B. Johnson, Spokane, Washington.
Usvol:570
Uspage:254
Parallelcitations:133 S. Ct. 2276; 186 L. Ed. 2d 438; 2013 U.S. LEXIS 4698, 81 U.S.L.W. 4490
Docket:11-9540
Opinionannouncement:https://www.supremecourt.gov/opinions/12pdf/11-9540_8m58.pdf
Holding:Under the Armed Career Criminal Act, judges may not look at facts associated with a crime (the "modified categorical approach") when criminal statutes contain a single, indivisible set of elements
Majority:Kagan
Joinmajority:Roberts, Scalia, Kennedy, Ginsburg, Breyer, Sotomayor
Concurrence:Kennedy
Concurrence2:Thomas (in judgment)
Dissent:Alito
Lawsapplied:Armed Career Criminal Act

Descamps v. United States, 570 U.S. 254 (2013), was a case in which the United States Supreme Court clarified standards for evaluating potential prior offenses under the Armed Career Criminal Act (ACCA).[1] In an 8–1 decision written by Justice Elena Kagan, the Supreme Court held that judges may only look at the statutory elements of a crime, rather than the facts associated with that particular crime, "when the crime of which the defendant was convicted has a single, indivisible set of elements."[2] In his review of the case for SCOTUSblog, Daniel Richman opined that following the Court's decision, "[w]hether or not a prior conviction is going to 'count' will have to be determined as mechanically as possible."[3]

See also

Notes and References

  1. .
  2. Descamps, slip op. at 2.
  3. Daniel Richman, Opinion analysis: When is a burglary not a burglary?, (Jun. 20, 2013).