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Supreme Court · Decisions

Reginald Shepard v. United States

544 U.S. 13 · No. 03-9168 · 2004 term · Rehnquist Court

Decided Mar 7, 2005 · argued Nov 8, 2004

Criminal procedure · Statutory construction of criminal laws: sentencing guidelines

Majority opinion: David Souter

The voteMajorityDissent

5–35 in the majority, 3 in dissent

3 dissents (6–3)

Reversed and remanded. Reginald Shepard won.

What this ruling means

Reversed and remanded: the Supreme Court overturned the decision of the U.S. Court of Appeals, First Circuit and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.

Reginald Shepard was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Shepard v. United States, 544 U.S. 13 (2005), was a United States Supreme Court case relating to the Armed Career Criminal Act.

Read the full article on Wikipedia

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 2004 term. Filled: the 5 in the majority. Hollow: the 3 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianStevensGinsburgSouterBreyerO'ConnorKennedyScaliaThomas

Majority(5)

Dissent(3)

Did not take part: William Rehnquist.

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
Reginald ShepardPerson convicted of crime
Respondent
United StatesUnited States
Reached the Court by
Certiorari (the Court chose to hear it)
Why it was taken
Federal appeals courts had ruled differently on the question
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
18 U.S.C. § 924
Kind of law
Infrequently litigated statutes
Decided by
Statutory construction; Federal common law
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Mar 7, 2005DecidedDecided · Decided 5–3: reversed and remanded. Reginald Shepard won.
  2. Nov 8, 2004ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari). Federal appeals courts had ruled differently on the question.
  4. Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, First Circuit: vacated and remanded.
  5. Not datedBeganBegan · The case began in the Massachusetts U.S. District Court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

56 other argued cases since 1946 on statutory construction of criminal laws: sentencing guidelines, newest first.

  1. Fernandez v. United States146 S. Ct. 1292May 28, 2026 · 146 S. Ct. 1292Criminal procedure8–18–1 band

  2. Rutherford v. United States146 S. Ct. 1320May 28, 2026 · 146 S. Ct. 1320Criminal procedure6–36–3 band

  3. Rico v. United States607 U.S. 609Mar 25, 2026 · 607 U.S. 609Criminal procedure8–18–1 band

  4. Hewitt v. United States145 S. Ct. 1113Jun 26, 2025 · 145 S. Ct. 1113Criminal procedure5–45–4 band

  5. Esteras v. United States145 S. Ct. 2031Jun 20, 2025 · 145 S. Ct. 2031Criminal procedure7–27–2 band

  6. Erlinger v. United States144 S. Ct. 1840Jun 21, 2024 · 144 S. Ct. 1840Criminal procedure6–36–3 band
  7. Brown v. United States144 S. Ct. 1195May 23, 2024 · 144 S. Ct. 1195Criminal procedure6–36–3 band

  8. McIntosh v. United States601 U.S. 330Apr 17, 2024 · 601 U.S. 330Criminal procedure9–0Unanimous band

  9. Pulsifer v. United States601 U.S. 124Mar 15, 2024 · 601 U.S. 124Criminal procedure6–36–3 band
  10. Lora v. United States599 U.S. 453Jun 16, 2023 · 599 U.S. 453Criminal procedure9–0Unanimous band

  11. Concepcion v. United States142 S. Ct. 2389Jun 27, 2022 · 142 S. Ct. 2389Criminal procedure5–45–4 band
  12. Wooden v. United States142 S. Ct. 1063Mar 7, 2022 · 142 S. Ct. 1063Criminal procedure9–0Unanimous band

  13. Mont v. United States139 S. Ct. 1826Jun 3, 2019 · 139 S. Ct. 1826Criminal procedure5–45–4 band

  14. Chavez-Meza v. United States138 S. Ct. 1959Jun 18, 2018 · 138 S. Ct. 1959Criminal procedure5–36–3 band

  15. Rosales-Mireles v. United States138 S. Ct. 1897Jun 18, 2018 · 138 S. Ct. 1897Criminal procedure7–27–2 band

  16. Koons v. United States138 S. Ct. 1783Jun 4, 2018 · 138 S. Ct. 1783Criminal procedure9–0Unanimous band

  17. Hughes v. United States138 S. Ct. 1765Jun 4, 2018 · 138 S. Ct. 1765Criminal procedure6–36–3 band

  18. Dean v. United States137 S. Ct. 1170Apr 3, 2017 · 137 S. Ct. 1170Criminal procedure8–0Unanimous band

  19. Beckles v. United States137 S. Ct. 886Mar 6, 2017 · 137 S. Ct. 886Criminal procedure7–0Unanimous band

  20. Molina–Martinez v. United States578 U.S. 189Apr 20, 2016 · 578 U.S. 189Criminal procedure8–0Unanimous band

  21. Matthew Robert Descamps, Petitioner v. United States570 U.S. 254Jun 20, 2013 · 570 U.S. 254Criminal procedure8–18–1 band

  22. Allen Ryan Alleyne, Petitioner v. United States570 U.S. 99Jun 17, 2013 · 570 U.S. 99Criminal procedure5–45–4 band

  23. Southern Union Co. v. United States567 U.S. 343Jun 21, 2012 · 567 U.S. 343Criminal procedure6–36–3 band

  24. William Freeman v. United States564 U.S. 522Jun 23, 2011 · 564 U.S. 522Criminal procedure5–45–4 band

  25. Alejandra Tapia, Petitioner v. United States564 U.S. 319Jun 16, 2011 · 564 U.S. 319Criminal procedure9–0Unanimous band

  26. Marcus Sykes, Petitioner v. United States564 U.S. 1Jun 9, 2011 · 564 U.S. 1Criminal procedure6–36–3 band

  27. Jason Pepper, Petitioner v. United States562 U.S. 476Mar 2, 2011 · 562 U.S. 476Criminal procedure6–27–2 band

  28. Percy Dillon v. United States560 U.S. 817Jun 17, 2010 · 560 U.S. 817Criminal procedure7–18–1 band

  29. Michael Gary Barber, et al. v. J. E. Thomas, Warden560 U.S. 474Jun 7, 2010 · 560 U.S. 474Criminal procedure6–36–3 band

  30. Christopher Michael Dean v. United States556 U.S. 568Apr 29, 2009 · 556 U.S. 568Criminal procedure7–27–2 band

  31. Irizarry v. United States553 U.S. 708Jun 12, 2008 · 553 U.S. 708Criminal procedure5–45–4 band

  32. United States v. Gino Rodriquez553 U.S. 377May 19, 2008 · 553 U.S. 377Criminal procedure6–36–3 band

  33. Derrick Kimbrough v. United States552 U.S. 85Dec 10, 2007 · 552 U.S. 85Criminal procedure7–27–2 band

  34. Brian Michael Gall v. United States552 U.S. 38Dec 10, 2007 · 552 U.S. 38Criminal procedure7–27–2 band

  35. James D. Logan v. United States552 U.S. 23Dec 4, 2007 · 552 U.S. 23Criminal procedure9–0Unanimous band

  36. Victor A. Rita v. United States551 U.S. 338Jun 21, 2007 · 551 U.S. 338Criminal procedure8–18–1 band

  37. Alphonso James, Jr. v. United States550 U.S. 192Apr 18, 2007 · 550 U.S. 192Criminal procedure5–45–4 band

  38. John Cunningham v. California549 U.S. 270Jan 22, 2007 · 549 U.S. 270Criminal procedure6–36–3 band

  39. Washington v. Arturo R. Recuenco548 U.S. 212Jun 26, 2006 · 548 U.S. 212Criminal procedure7–27–2 band

  40. United States v. Freddie J. BookerLandmark · Other criminal sentences543 U.S. 220Jan 12, 2005 · 543 U.S. 220Criminal procedure5–45–4 band

  41. Ralph Howard Blakely, Jr. v. WashingtonLandmark · Other criminal sentences542 U.S. 296Jun 24, 2004 · 542 U.S. 296Criminal procedure5–45–4 band

  42. Timothy Stuart Ring v. Arizona536 U.S. 584Jun 24, 2002 · 536 U.S. 584Criminal procedure7–27–2 band

  43. Paula L. Buford v. United States532 U.S. 59Mar 20, 2001 · 532 U.S. 59Criminal procedure9–0Unanimous band

  44. Christopher A. Lopez v. Randy J. Davis, Warden, et al.531 U.S. 230Jan 10, 2001 · 531 U.S. 230Criminal procedure6–36–3 band

  45. Charles C. Apprendi, Jr. v. New JerseyLandmark · Other criminal sentences530 U.S. 466Jun 26, 2000 · 530 U.S. 466Criminal procedure5–45–4 band

  46. Cornell Johnson v. United States529 U.S. 694May 15, 2000 · 529 U.S. 694Criminal procedure8–18–1 band

  47. United States v. George Labonte, Alfred Lawrence Hunnewell, and Stephen Dyer520 U.S. 751May 27, 1997 · 520 U.S. 751Criminal procedure6–36–3 band
  48. United States v. Miguel Gonzales, Orlenis Hernandez-Diaz and Mario Perez520 U.S. 1Mar 3, 1997 · 520 U.S. 1Criminal procedure7–27–2 band
  49. Juan Melendez v. United States518 U.S. 120Jun 17, 1996 · 518 U.S. 120Criminal procedure7–27–2 band
  50. Stacey C. Koon v. United States518 U.S. 81Jun 13, 1996 · 518 U.S. 81Criminal procedure5–45–4 band
  51. Terry Lynn Stinson v. United States508 U.S. 36May 3, 1993 · 508 U.S. 36Criminal procedure9–0Unanimous band

  52. United States v. Sharon Dunnigan507 U.S. 87Feb 23, 1993 · 507 U.S. 87Criminal procedure9–0Unanimous band
  53. William Fex v. Michigan507 U.S. 43Feb 23, 1993 · 507 U.S. 43Criminal procedure7–27–2 band

  54. Harold Ray Wade v. United States504 U.S. 181May 18, 1992 · 504 U.S. 181Criminal procedure9–0Unanimous band
  55. Thomas Braxton v. United States500 U.S. 344May 28, 1991 · 500 U.S. 344Criminal procedure9–0Unanimous band
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Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.