Source: cases/18usc924/f3d-933-796-us-v-brazier.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_933/0796_01/index.html
The other way to satisfy § 924(c) is the elements clause, but we explained in United States v. Jenkins that kidnapping and holding a person for ransom does not categorically satisfy the elements clause.
In United States v. Davis , 588 U.S. ----, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019), the Supreme Court resolved a circuit split and held that the residual clause in the § 924(c) definition of a crime of violence is unconstitutionally vague, so the defendants' convictions cannot be upheld on that basis.
The categorical method focuses on the essential elements of the counts of conviction, requiring courts in essence to focus on the least culpable conduct that could violate the relevant statutes, without considering the actual facts of the defendants' conduct.
Under the categorical method of analysis that applies to both the elements and residual clauses of the definition of crimes of violence in 18 U.S.C. § 924(c), Mzembe's and Fields' convictions for kidnapping and demanding ransom cannot support the mandatory consecutive sentences imposed under § 924(c).
casedsl 1.2 # author: Flash3 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/933/0796-01 name United States v. Brazier cite 933 F.3d 796 (2019) court United States Court of Appeals for the Seventh Circuit date 2019-08-12 url catalog/cases/f3d/volume_933/0796_01/index.html source ir/caselaw/f3d_933.jsonl sha1=972c281785245e8ba6e27217901d16e4d7a02637 chars=28179 # One opinion; its footnotes are appended after the disposition (@26230..) and belong to the same opinion. opinion op : panel by Hamilton @0..28179 controlling party p1 : Derek Fields and Lindani Mzembe (the two defendants convicted under § 924(c); co-appellant Ivan Brazier was not) count c1 : 18 U.S.C. § 924(c)(1)(A)(iii), using and discharging a firearm during a crime of violence (predicates: kidnapping, § 1201, and ransom demand, § 875(a)) law 18usc924 (c)(3) role applied posture consolidated criminal appeals after separate jury trials; challenge to the § 924(c) predicates raised for the first time on appeal (plain-error review) after United States v. Davis; § 924(c) convictions reversed, sentences vacated, remanded for full resentencing result claimant-lost element predicate.violence : not-satisfied [law] party p1 count c1 route elements-clause pattern federal kidnapping and holding for ransom can be committed by inveigling or decoying and by confinement without threat of force rule @9650..9852 | The other way to satisfy § 924(c) is the elements clause, but we explained in United States v. Jenkins that kidnapping and holding a person for ransom does not categorically satisfy the elements clause. rule @9347..9649 | In United States v. Davis , 588 U.S. ----, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019), the Supreme Court resolved a circuit split and held that the residual clause in the § 924(c) definition of a crime of violence is unconstitutionally vague, so the defendants' convictions cannot be upheld on that basis. rule @10448..10707 | The categorical method focuses on the essential elements of the counts of conviction, requiring courts in essence to focus on the least culpable conduct that could violate the relevant statutes, without considering the actual facts of the defendants' conduct. fact @1567..1638 [neutral] | The defendants demanded money from Harris and beat him with their guns. held @10145..10447 | Under the categorical method of analysis that applies to both the elements and residual clauses of the definition of crimes of violence in 18 U.S.C. § 924(c), Mzembe's and Fields' convictions for kidnapping and demanding ransom cannot support the mandatory consecutive sentences imposed under § 924(c). gloss Decided as a question of law on plain-error review: the residual clause is void under Davis and, under circuit precedent (Jenkins), kidnapping and ransom lack a force element. The violent actual conduct is recorded as [neutral] because the court holds the categorical method does not consider it. gloss The opinion notes that Jenkins itself was vacated and remanded by the Supreme Court on the residual-clause question, and states that this does not cast doubt on its elements-clause analysis.