On January 4, 2019, the United States Supreme Court granted the government’s petition for writ of certiorari in United States v. Davis, No. 18-431. Davis will address “whether the subsection-specific definition of ‘crime of violence’ in 18 U.S.C. § 924(c)(3)(B), which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime, is unconstitutionally vague.” This issue has split the circuits in the months since the Court concluded that 18 U.S.C. 16(b)’s definition of “crime of violence” was unconstitutionally vague in Sessions v. Dimaya, 138 S. Ct. 1204 (2018).
The certiorari stage filings in Davis are available on the Supreme Court’s website here. The Fifth Circuit’s opinion in Davis, holding that § 924(c)’s residual clause is vague, is available here. The Training Division provides sentencing resources specifically on enhancements for crimes of violence and violent felonies to help you argue for the best possible sentence for your client.