Brown v. United States; Jackson v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners

Brief filed: 07/19/2023

Documents

Brown v. United States; Jackson v. United States

United States Supreme Court; Case No. 22-6389 & 22-6640

Argument(s)

These cases involve an important and recurring question about the interplay between provisions of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and the Controlled Substances Act (CSA), 21 U.S.C. §§ 802, 811-12. Specifically, the question is whether ACCA’s “serious drug offense” definition in-corporates the CSA’s federal drug schedules in effect at the time of the federal firearm offense or the sen-tencing for that federal firearm offense—or instead in-corporates, as the government contends, federal drug schedules that were in effect at the time of the prior state drug offense. As petitioners in both cases persuasively explain, every available tool of statutory construction points against the government’s proposed rule and in favor of courts using the federal drug schedules in place at the time of the federal firearm offense or the federal firearm sentence.

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Author(s)

David Oscar Markus, NACDL, Miami, FL; Daniel E. Jones, Mayer Brown LLP, Washington, DC

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