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1 1 (2021)

handle is hein.preview/supogfnd0001 and id is 1 raw text is: FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INCORPORATED 835 Georgia Avenue, Suite 600 Chattanooga, Tennessee 37402 Assistant Federal Defenders: Myrlene R. Marsa Gianna Maio Jennifer Niles Coffin Phone (423) 756-4349 Erin Rust Fax (423) 756-4345 Presita West Joe Austin January 23, 2020 Honorable Scott S. Harris, Clerk Supreme Court of the United States Washington, D.C. 20543 Re: Borden v. United States, No. 19-5410, and Walker v. United States, No. 19-373 Dear Mr. Harris: In Walker, this Court granted certiorari to consider the question whether a criminal offense that can be committed with a mens rea of recklessness can qualify as a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e). Yesterday, counsel for the petitioner in Walker filed a suggestion of death, indicating that the petitioner in that case had passed away and that the writ of certiorari should therefore be dismissed. The petition for certiorari in this case, Borden, presents the same question as Walker, along with a distinct second question. Before the Court granted certiorari in Walker, the Solicitor General filed a brief in this case acquiescing in certiorari as to the first question. The Solicitor General explained that the decision below implicates a circuit conflict that warrants resolution by this Court, that the question is important and frequently recurring, and that this case presents a suitable vehicle for resolving that question. U.S. Br. 11, 15. While indicating that Walker may be a marginally better vehicle, the government urged the Court to grant certiorari in either or both cases because the interests of judicial economy favor resolution of the issue this Term. Id. at 14, 16, 20. The Court has not acted on the petition in this case after granting certiorari in Walker. The Court should consider this petition again at its earliest available opportunity and then grant certiorari. Given the importance of the first question, which is awaiting resolution in courts around the country -- including multiple en banc proceedings that had been stayed pending the Court's resolution in Walker -- petitioner agrees with the government that resolution of the question this Term would serve the interests of judicial economy.

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