Case: 19-5410 BORDEN V. UNITED STATES (2020-November-03)

Published: Nov. 4, 2020, 6:52 a.m.

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\\xa0QUESTION PRESENTED:

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  1. Does the "use of force" clause in the Armed Career Criminal Act (the "ACCA"), 18 U.S.C. \\xa7 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness?\\xa0
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  3. Did the district court violate Mr. Borden\'s due process rights when it applied to his sentencing a newer, more punitive interpretation of law than that which was in force at the time of his federal offense, such that his guidelines were enhanced from 77 to 96 months to a mandatory minimum sentence of 15 years to life in prison?\\xa0
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