The Armed Career Criminal Act--Proposing a New Test to Resolve Difficulties in Applying the Act's Ambiguous Residual Clause

Thomas O. Powell, University of California - Los Angeles

Abstract

The Armed Career Criminal Act (ACCA) mandates a fifteen year mandatory minimum sentence for criminals convicted of being felons in possession of firearms who have previously been convicted of at least three serious drug offenses or violent felonies. Despite the long mandatory sentence, the ACCA’s definition of violent felonies is ambiguous. The Supreme Court has granted certiorari in three cases over the past three years in attempts to clarify what counts as a violent felony under the ACCA’s residual clause. However, application of that clause remains difficult and the framework continues to be ambiguous. This article explores the history of the ACCA itself and Supreme Court precedent on the topic. This article also proposes a new test for determining whether a crime counts as a violent felony under the ACCA’s residual clause.