Marcus Sykes v. United States — Kagan, J., Dissenting

Summary

Justice Kagan dissents from the majority's decision that Indiana's simple vehicular flight offense qualifies as a “violent felony” under the Armed Career Criminal Act (ACCA). She argues the statute distinguishes simple flight from aggravated flight, the latter of which involves substantial risk to others. Justice Kagan would find Sykes's prior conviction does not meet ACCA’s residual clause requirement for serious potential risk of physical injury.