Johnson v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Petitioner.

Brief filed: 06/03/2009


Johnson v. United States

United States Supreme Court; Case No. 08-6925

Prior Decision

Case below, 528 F.3d 1318 (11th Cir. 2008).


Under the Rule of Lenity, ambiguities in the prohibitions imposed by criminal statutes are construed in favor of the defendant to foster fairness and uniformity in the administration of the criminal justice system. The Rule of Lenity precludes application of the physical force element of the ACCA to the conduct – battery involving de minimis physical conduct – in this case.

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Michael C. Small, Patricia A. Millet, and Joel R. Meyer, Akin Gump Strauss Hauer & Feld LLP, Los Angeles, CA.