This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to William E. Marsh (Petitioner), according to William E. Marsh (Petitioner), the case concerns the Armed Career Criminal Act (ACCA) and how it applies to vehicular fleeing offenses in Indiana.
The Court is examining whether a conviction for vehicular flight that causes death qualifies as aggressive conduct under ACCA.
Background and question before the Court
According to William E. Marsh (Petitioner), according to William E. Marsh (Petitioner), indiana law treats vehicular fleeing as a continuum ranging from a low‑level failure to stop (the crime for which Mr. Sykes was convicted) to a high‑level felony that results in the death of a police officer.
According to Justice Alito, is vehicular flight that results in death considered aggressive conduct for purposes of the ACCA?
What each side argues
Petitioner (Marcus Sykes)
According to William E. Marsh (Petitioner), according to William E. Marsh (Petitioner), the Armed Career Criminal Act enhances punishment for firearm possession for a person with three prior violent felony convictions, and Mr. Sykes was convicted of the low‑level vehicular‑fleeing offense.
According to William E. Marsh (Petitioner), according to William E. Marsh (Petitioner), the petitioner questioned whether the prosecutor is under any obligation in this context.
Government (United States)
According to Government, the Government asserts that vehicular flight that causes death is aggressive conduct.
According to Government, in the ordinary case, the character of the conduct is aggressive.
According to Government, the Government does not view offense (A) as a lesser‑included offense of (B).
What happened at oral argument
Justice Scalia asked, “What’s in between?”
Justice Kennedy asked, “You’re supposed to stop dead in your tracks and not pull off on the shoulder?”
According to Justice Breyer, justice Breyer noted, “My problem is there is arguably not here a gradation.”
Justice Alito said, “I wouldn’t say that they didn’t have a rational basis for dividing it.”
Justice Alito asked, “If a person is convicted of vehicular flight that causes death, is that aggressive conduct?”
Chief Justice Roberts asked, “Doesn’t whether it’s aggressive or not depend upon how it happened?”
Justice Scalia responded, “But he’s saying even when it’s risky, it’s not aggressive.”
Justice Breyer asked, “Suppose you have one of 36 States which treat the general offense as a misdemeanor and then make it a felony if you put somebody at risk… would that be your normal instinct?”
Justice Sotomayor asked, “You can’t commit (B) without committing (A) first… how can it not be a lesser included?”
- [1] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 3
- [2] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 5
- [3] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 21
- [4] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 23
- [5] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 40
- [6] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 41
- [7] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 42
- [8] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 44
- [9] 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdf, p. 47
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 743d4d1d855d05c5fbe4-r1-ecaa56a7caa977ec.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.