Borden v. United States
| Docket Number | 19-5410 |
| Decision Date | 10 June 2021 |
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747 cases
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McDonald v. City of Pompano Beach
... ... CITY OF POMPANO BEACH, FLORIDA, Defendant. CASE NO. 20-60297-CIV-ALTMAN/Hunt United States District Court, S.D. Florida. Signed August 23, 2021 Filed August 24, 2021 556 F.Supp.3d ... See Borden v. United States , U.S. , 141 S. Ct. 1817, 1829, 210 L.Ed.2d 63 (2021) ("[S]tatutory construction ... ...
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Rudolph v. United States
... ... 924(c)(3)(B) is unconstitutionally vague and, therefore, void. See doc. no. 1 (Motion to Vacate Sentence). 2 This court stayed these proceedings, pending the Supreme Court's ruling in Borden v. United States , U.S. , 141 S. Ct. 1817, 210 L.Ed.2d 63 (2021) : a case that raised the question of whether a defendant's prior conviction for an offense that required a "mens rea" (subjective mental state) 3 of "recklessness" qualified 551 F.Supp.3d 1273 as a "violent felony" under the ... ...
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Commonwealth v. Escobar
... ... " Id ... at 421, 133 N.E.3d 296, quoting United States v. Salerno , 481 U.S. 739, 747, 750, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). When the ... "demands that the perpetrator direct his [or her] action at, or target, another individual." Borden v. United States , U.S. , 141 S. Ct. 1817, 1825, 210 L.Ed.2d 63 (2021). "And the pairing of ... ...
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United States v. Abukhatallah
... ... Cf. Borden v. United States , U.S. , 141 S. Ct. 1817, 183940, 210 L.Ed.2d 63 (2021) (Kavanaugh, J., dissenting). Section 1363, he says, is "essentially a property crime" because it requires the "willful[ ] and malicious[ ] destruction" of a structure or property. 18 U.S.C. 1363. The destruction of property ... ...
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2 firm's commentaries
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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA.
...Cir. 2017). But the Court was not constrained by Patterson because of the Supreme Court’s recent decision in Borden v. United States, 141 S. Ct. 1817 (2021). In Borden, a plurality of the Supreme Court held that ACCA’s elements clause “covers purposeful and knowing acts, but excludes reckle......
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One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants
...neighborhood while in possession of methamphetamines. After the defendant was sentenced, the Supreme Court’s Borden v. United States, 141 S. Ct. 1817 (2021), decision changed the severity of Morris’ violations and significantly reduced the applicable sentencing guideline range. Morris succe......
8 books & journal articles
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UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE'S STRUGGLE FOR HIS COURT.
...(237) See supra notes 1-14 and accompanying text. (238) See infra note 239-272 and accompanying text. (239) See Borden v. United States, 141 S. Ct. 1817, 1837 (2021) (Kavanaugh, J. dissenting); Niz-Chavez v. Garland, 141 S. Ct. 1474, 1486 (2021) (Kavanaugh. J., dissenting); Van Buren v. Uni......
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PROCEDURAL LOSSES AND THE PYRRHIC VICTORY OF ABOLISHING QUALIFIED IMMUNITY.
...for "a notice to appear" to require the government to deliver the required information in a single document); Borden v. United States, 141 S. Ct. 1817 (2021) (holding that 18 U.S.C. [section] 924(e)'s language ("[t]he phrase 'against another,' when modifying the 'use of force'") precluded c......
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Sentencing
...consider charging instrument when determining underlying facts of defendant’s conviction), abrogated on other grounds by Borden v. U.S., 141 S. Ct. 1817 (2021); Lukaj v. U.S. Att’y Gen., 953 F.3d 1305, 1312 (11th Cir. 2020) (court may consider plea agreement, judgement, and indictment when ......
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ORDINARY MEANING AND ORDINARY PEOPLE.
...91 percent of the time in the past two terms); see also Nourse, supra note 13 (manuscript at 25). (72) Borden v. United States, 141 S. Ct. 1817, 1830 (2021) (Kagan, J.) (plurality opinion) (alterations and quotations (73) See, e.g., Trump v. New York, 141 S. Ct. 530, 543 (2020) (Breyer, J.,......
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