Supreme Court to Consider Sentencing in Light of New Drug Laws

The Supreme Court will take up another dispute involving the oft-litigated Armed Career Criminal Act, this time in relation to frequently changing federal drug laws.

The law at issue in the pair of cases granted Monday imposes a mandatory 15-year minimum for certain firearms offenses in which a defendant previously has been convicted of “serious drug offenses.”

The justices will weigh whether courts should look to drug laws in place at the time of the firearms conviction to determine if a defendant is eligible for the tougher sentence, or whether courts should look to laws in place at the time of the previous drug offenses.

In one of the cases, Brown v. United States, Justin Rashaad Brown was sentenced to the 15-year minimum even though the US had decriminalized hemp by the time of his firearm conviction.

The Biden administration urged the justices to take up the dispute because circuit courts are split on the correct rule to apply.

The cases are Brown v. United States, U.S., No. 22-6389, granted 5/15/23 and Jackson v. United States, U.S., No. 22-6640, granted 5/15/23.