Johnson v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-6925 | 8th Cir. | Oct 6, 2009 | Jun 26, 2015 | 7-2 | Scalia | OT 2009 |
Holding: Federal gun laws require an enhanced sentence for defendant who have previously been convicted of a violent felony.? The Court held that the defendant's prior conviction for battery in Florida did not count as a violent felony because under Florida law, although battery involves physical contact, the prosecution is not required to prove any use of physical force.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Scalia on June 26, 2015. Justice Alito dissented, joined by Justice Thomas.
SCOTUSblog Coverage
- Violent force required for violent felony (Anna Christensen, March 3, 2010)
- Johnson v. United States: What Constitutes "Physical Force"? (Argument Recap) (Anna Christensen, October 8, 2009)
- Argument Preview : Johnson v. U.S. (Kristina Moore, August 20, 2009)
| Date | Proceedings and Orders |
|---|---|
| 10/28/2013 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2013) |
| 11/20/2013 | Order extending time to file response to petition to and including December 30, 2013. |
| 12/20/2013 | Order further extending time to file response to petition to and including January 29, 2014. |
| 01/24/2014 | Order further extending time to file response to petition to and including February 28, 2014. |
| 02/28/2014 | Brief of respondent United States in opposition filed. |
| 03/20/2014 | DISTRIBUTED for Conference of April 4, 2014. |
| 04/07/2014 | DISTRIBUTED for Conference of April 18, 2014. |
| 04/21/2014 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 05/16/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 26, 2014. |
| 05/16/2014 | The time to file respondent's brief on the merits is extended to and including August 18, 2014. |
| 06/13/2014 | Motion to dispense with printing the joint appendix filed by petitioner Samuel James Johnson. |
| 06/26/2014 | Brief of petitioner Samuel James Johnson filed. |
| 06/30/2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 07/03/2014 | Brief amici curiae of Gun Owners of America, Inc., et al. filed. |
| 08/18/2014 | Brief of respondent the United States filed. |
| 08/25/2014 | Brief amici curiae of Law Professors filed. |
| 08/25/2014 | Brief amici curiae of The Brady Center for Gun Violence, et al. filed. |
| 09/04/2014 | SET FOR ARGUMENT on Wednesday, November 5, 2014. |
| 09/08/2014 | Record requested from U.S.C.A. 8th Circuit. |
| 09/15/2014 | Record received from U.S.C.A. 8th Circuit. 1 - Envelope |
| 09/17/2014 | Reply of petitioner Samuel James Johnson filed. |
| 09/19/2014 | CIRCULATED |
| 11/05/2014 | Argued. For petitioner: Katherine M. Menendez, Assistant Federal Defender, Minneapolis, Minn. For respondent: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 01/09/2015 | This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: "Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U. S. C. "924(e)(2)(B)(ii), is unconstitutionally vague." The supplemental brief of petitioner is due on or before Wednesday, February 18, 2015. The supplemental brief of the United States is due on or before Friday, March 20, 2015. The reply brief, if any, is due on or before Friday, April 10, 2015. The time to file amicus curiae briefs is as provided for by Rule 37.3(a). The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. The case will be set for oral argument during the April 2015 argument session. |
| 02/18/2015 | Supplemental brief of petitioner Samuel James Johnson filed. |
| 02/25/2015 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 03/06/2015 | SET FOR ARGUMENT ON Monday, April 20, 2015 |
| 03/16/2015 | CIRCULATED. |
| 03/17/2015 | Record requested from U.S.C.A. 8th Circuit. |
| 03/20/2015 | Supplemental brief of respondent United States filed (Reprinted). (Distributed) |
| 03/25/2015 | Record received from U.S.C.A. 8th Circuit. (1-Envelope) |
| 03/25/2015 | Record received from U.S.D.C. District of Minnesota. The record is electronic, also 1 envelope (SEALED). |
| 04/10/2015 | Supplemental reply brief of petitioner Samuel James Johnson filed. (Distributed) |
| 04/20/2015 | Reargued. For petitioner: Katherine M. Menendez, Assistant Federal Defender, Minneapolis, Minn. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 06/26/2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kennedy, J., and Thomas, J., filed opinions concurring the judgment. Alito, J., filed a dissenting opinion. |
| 07/28/2015 | JUDGMENT ISSUED. |