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interpretation
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.
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.Source:
docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0796-01; Unicode character offsets [9347:9649] (end exclusive); SHA-256 3c380e31e40a1a143dbc7f2e33e8aba9ba905e4f30336bffe710c0f903f2a8f6.Delligatti, 604 U.S. 423 (2025), reaffirms the categorical method and holds that deliberate injury or death can involve force even by omission of a legal duty. Taylor does not exclude every attempt offense; compare attempted murder. Davis invalidates (c)(3)(B). Taylor, 596 U.S. 845 (2022), requires the categorical elements inquiry and holds attempted Hobbs Act robbery does not qualify; actual violent facts cannot repair a missing statutory force element. These rulings do not erase the separate drug-trafficking alternative. Official opinions and local-IR availability are recorded in NOTES.