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Monday, August 5th, 2019

Second Circuit Throws Out § 924(c) Conviction Linked to Conspiracy . . . And Does Other Good Things, Including as to Rehaif

In today’s United States v. Watkins, the Second Circuit (Jacobs, Pooler, Wesley) vacated a conviction for violating 18 U.S.C. § 924(c) in relation to a conspiracy to commit Hobbs Act robbery.  Because § 924(c)’s residual clause is “unconstitutionally vague,” United States v. Davis, 139 S. Ct. 2319, 2336 (2019), a “crime of violence” under § 924(c) is limited to an offense that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”  Because a conspiracy never fits that bill, “Watkins’s section 924(c)(1)(A) conviction” — and all others based on conspiracy — “must be vacated.”

And in United States v. Prado, the court (Leval, Pooler, Hall) threw out more convictions, this time under the Maritime Drug Law Enforcement Act.  The Coast Guard had intercepted a speed boat in international waters, found three men aboard with …

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Categories: Davis, guilty plea, jurisdiction, Rehaif

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