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Supreme Court Voids ACCA’s Residual Clause in Landmark Decision
Supreme Court Voids ACCA’s Residual Clause in Landmark Decision
by Derek Gilna
In a landmark decision authored by Justice Antonin Scalia, on June 26, 2015 the U.S. Supreme Court struck down the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), while leaving …
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More from this issue:
- Greenwashing Washington State’s Prison System in a River of Sewage, by Rick Anderson
- Inside the Shadowy Business of Prison Phone Calls, by Eric Markowitz
- Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue, by David Reutter
- News in Brief
- CA: Persons on Community Supervision Eligible to Seek Transfer to Another State, by Lonnie Burton
- Final Class-Action Settlement Pending in “Kids for Cash” Scandal
- Prisoners Released When Jails Can’t Feed Them, by Mark Wilson
- Investigation Forces Arizona Clemency Board Chairman to Resign, by Joe Watson
- Kentucky Jail Prisoners Make Mattresses, by David Reutter
- Notorious Psych Ward at Miami-Dade Jail Finally Shuttered, by David Reutter
- Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional, by Mark Wilson
- Does Political Spending by Private Prison Firms in Oklahoma Influence Prison Reform?, by Joe Watson
- Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample, by David Reutter
- Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal, by Lonnie Burton
- Failure to State Rationale in Denying Appointment of Counsel was Abuse of Discretion
- Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion, by Mark Wilson
- Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence, by Derek Gilna
- Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner, by Derek Gilna
- Alaska High Court Reaffirms Negligence Standard to Protect Prisoners from Harm, by David Reutter
- Controversy Surrounds Shackling of Dying and Comatose Prisoners in UK, by Matthew Clarke
- Who Owns Private Prison Stock?, by Alex Friedmann
- Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity, by Mark Wilson
- Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim, by Derek Gilna
- Report Finds Two-Thirds of Private Prison Contracts Include “Lockup Quotas”, by Joe Watson
- $1.15 Million for Florida Pretrial Detainee’s Death, by David Reutter
- Virginia Must Improve Prison Medical Care Under Proposed Class-action Settlement, by David Reutter
- Jury Awards $12,000 to Connecticut Prisoner for Unsanitary Mattress, by David Reutter
- UN Commission Approves Mandela Rules on Treatment of Prisoners, by David Fathi
- North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages
- Two Names Added to Monument Memorializing Slain Prosecutors, by Matthew Clarke
- Pell Grants for Prisoners: New Bill Restores Hope of Reinstating College Programs, by Christopher Zoukis
- Peer-Review Reports Must be Disclosed in Philadelphia Jail Conditions Suit, by David Reutter
- Supreme Court Voids ACCA’s Residual Clause in Landmark Decision, by Derek Gilna
- San Diego Deputies Faulted for Jail Death, by Christopher Zoukis
- Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal, by Matthew Clarke
- $3,000 Jury Award to Arizona Prisoner Denied Prostate Care, by David Reutter
- Second Circuit Unseals Jail Conditions Settlement Compliance Reports; Public Has First Amendment Right of Access, by Mark Wilson
- Alabama Courts Must Review Substance of Claim Despite Pleading’s Title, by David Reutter
- $750,000 Settlement in New Mexico “Controlled Seating” Lawsuit, by Matthew Clarke
- West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000, by Matthew Clarke
- Minnesota DOC Sued Over Failure to Provide New Hepatitis C Treatment Protocol, by Greg Dober
- UK Prison Cook Awarded $160,000 for Back Injury, by Derek Gilna
- Michigan: $8 Million Settlement after Prisoner’s Baby Born with Brain Damage, by Shepherd Litsey
- From the Editor, by Paul Wright
- Persistent, Ongoing Environmental Violations at Washington’s Walla Walla Prison, by Panagioti Tsolkas
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.

