The Justice Department could be on the way to its latest victory this term in cases involving an oft-litigated sentencing law with steep mandatory minimums.
But not if Justice Neil Gorsuch has anything to say about it.
In a case argued April 24 over intent requirements for burglary convictions that can trigger automatic 15-year terms under the Armed Career Criminal Act, Gorsuch was the most aggressive questioner of the government’s argument that a defendant doesn’t need criminal intent prior to entering a location to be considered a burglar under the act.
“I’m sure the practical effects for the government are ...
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