Supreme Court Considers Criminal Intent for Burglary (1)

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 ...