Stokeling v. United States
- Case No.: 17-5554
- Jurisdiction: United States Supreme Court
- Topics: Armed Career Criminal Act (ACCA), Violent Felony, Violent Force As Element, Violent Robberies, Florida Robberies, Elements Clause
Documents
Prior Decision
684 Fed.Appx. 870 (11th Cir. Apr. 6, 2017
The Armed Career Criminal Act (ACCA) applies only to violent robberies. Because the use of violent force is not an element of robbery under Florida law, Florida robbery is not a “violent felony” under the ACCA. The Act’s legislative history, like its text, reflects Congress’s intent to target only violent robbery in ACCA. The government’s proposed focus on whether the facts of particular cases present some potential risk of slight injury would impermissibly expand the reach of the Elements Clause beyond its text.
Author(s)
Hyland Hunt and Ruthanne M. Deutsch, Deutsch Hunt PLLC, Washington, DC; Jonathan D. Hacker and Deanna M. Rice, NACDL, Washington DC
