Welch v. United States

136 S. Ct. 1257 (2016)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
W
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Welch v. United States

United States Supreme Court
136 S. Ct. 1257 (2016)

SC

Facts

The Armed Career Criminals Act provided for enhanced mandatory minimum sentences for individuals who possessed a firearm after being convicted of three or more violent or drug-related felonies. Under the act, a qualifying felony included one that involved conduct that presented a serious potential risk of physical injury to another. In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held this particular provision in the act void for vagueness. Gregory Welch (defendant) was sentenced under the act’s invalidated provision before the Supreme Court’s ruling in Johnson. Welch filed a collateral motion challenging his sentencing, arguing that Johnson should apply retroactively. The United States (plaintiff) agreed that Johnson should apply retroactively. The district court denied the motion. The court of appeals affirmed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

Dissent (Thomas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Federal Courts

Key Terms