United States v. Jones

Summary

Second Circuit vacated a conviction for brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)) because Hobbs Act robbery conspiracy does not qualify as a "crime of violence" under § 924(c). Following *United States v. Davis* (2019) and *United States v. Barrett* (2d Cir. 2019), the court held that the residual clause of § 924(c)(3)(B) is unconstitutionally vague and that Hobbs Act conspiracy fails the elements clause of § 924(c)(3)(A). The case was remanded for further proceedings.

Questions Presented

1. Whether Hobbs Act robbery conspiracy qualifies as a crime of violence under 18 U.S.C. § 924(c)(3)(A) or (B).