The Supreme Court recently granted a certiorari petition in Davis v. United States that presents the following questions:
(1) Whether 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague;
(2) whether Hobbs Act robbery is a “crime of violence” as defined by 18 U.S.C. § 924(c)(3); and
(3) whether a prior Texas conviction for burglary is a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e).
Practitioners should take care to preserve challenges to § 924(c)(3)’s residual clause notwithstanding the Second Circuit’s holding in Barrett, and to preserve arguments that offenses such as Hobbs Act robbery (and conspiracy to commit that offense) are not crimes of violence under § 924(c)(3). (Note that, as of the date of this post, the mandate has not issued in Barrett.)