Johnson v. United State

135 S.Ct. 2551 (2015)

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Nature of the Case

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Facts

Johnson (D) is a felon with a long criminal record. During an investigation, D disclosed to undercover agents that he had manufactured explosives and that he planned to attack “the Mexican consulate” in Minnesota, “progressive bookstores,” and “‘liberals.’” D was arrested and pleaded guilty to being a felon in possession of a firearm in violation of §922(g). P requested an enhanced sentence under the Armed Career Criminal Act. Three of D’s previous offenses-including unlawful possession of a short-barreled shotgun, - qualified as violent felonies. The Act defines “violent felony” as follows: “any crime punishable by imprisonment for a term exceeding one year . . . that - “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or “(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” §924(e)(2). The District Court agreed and sentenced D to a 15-year prison term under the Act. The Court of Appeals affirmed.