HomeCrimeSCOTUS hears cases on guns, felonies, and hemp

SCOTUS hears cases on guns, felonies, and hemp

Ketanji Brown Jackson

Supreme Court Justice Ketanji Brown Jackson adjusting her glasses during her confirmation hearing before the Senate Judiciary Committee Tuesday, March 22, 2022 (AP Photo/Carolyn Kaster)

The United States Supreme Court heard 90 minutes of oral arguments Monday in the consolidated cases of two individuals convicted of felony drug offenses who were later caught with guns, giving the justices a chance to resolve a procedural conundrum with significant potential consequences for repeat offenders.

In Brown v. United States and Jackson v. United States, Justin Rashaad Brown and Eugene Jackson each raise questions about the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) — a “three strikes” law that was designed to deter and punish repeat offenses.

The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” The issue before the Supreme Court is which definition applies to the term “serious drug offense”: the federal drug schedules that were in effect at the time of the federal firearm offense or the federal drug schedules that were in effect at the time of the prior state drug offense.

Brown’s brief to the justices summarizes precisely the problem at hand.

“Ninety miles separate the federal courthouses in Philadelphia and Baltimore,” the brief reads, before warning: “For felon-in-possession offenders in Philadelphia, those 90 miles can mean up to fifteen additional years behind bars because the courts of appeals have split over how to apply the Armed Career Criminal Act.”

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