Understanding the Armed Career Criminal Act (ACCA)

By Henry Whitmore

The Armed Career Criminal Act (18 U.S.C. § 924(e)) imposes a 15-year mandatory minimum sentence for defendants convicted of being a felon in possession of a firearm who have three or more qualifying prior convictions for "violent felonies" or "serious drug offenses."

The Categorical Approach

Under Taylor v. United States and its progeny, courts use the categorical approach to determine whether a prior conviction qualifies:

1. Identify the elements of the prior offense statute
2. Compare those elements to the generic federal definition
3. If the state statute is broader than the generic definition, the conviction does not qualify

The Modified Categorical Approach

When a statute is divisible (contains multiple alternative elements), courts may examine limited documents — known as Shepard documents — to determine which alternative formed the basis of the conviction.

Recent Supreme Court Developments

Several landmark decisions have narrowed ACCA's scope:

• Johnson v. United States (2015) — struck down the residual clause as unconstitutionally vague
• Mathis v. United States (2016) — clarified the elements vs. means distinction
• Borden v. United States (2021) — held that reckless offenses cannot qualify as violent felonies

Defense Strategies

• Challenge each predicate conviction under the categorical approach
• File motions to dismiss ACCA enhancements based on Johnson and its progeny
• Review plea colloquies and charging documents for Shepard analysis
• Consider § 2255 motions for defendants sentenced under the now-void residual clause

ACCA litigation requires meticulous analysis of prior convictions and current case law.