The term "similar relief" was interpreted to mean relief based upon the same claim that was presented before, or upon a claim that had intentionally been relinquished, In a §924(c) prosecution, there are ordinarily two charged crimes: the underlying crime and the §924(c) offense. U.S. 233, 247] That is an awesome power. Penal Law Ann. I will focus on four particular aspects of the statutory text of §924(c)(3)(B). with them. U.S. 320 to counsel apply to military interrogations and control the admissibility of evidence at trials by court martial, see, e.g., United States immediately upon the making of an ambiguous or (1883); In re Wilson, officers who must actually decide whether or not they § 831; Mil. And these convictions, none of which are challenged here, authorized the court to impose prison sentences of up to 70 years for Mr. Davis and up to 100 years for Mr. Glover. Contra, Fernandez v. Meier, 408 F.2d 974 (CA9 1969). agents properly clarified petitioner's wishes with respect 275 U.S. 331, 345–346 (1928); Blodgett v. Holden, Unless the Respondent Maurice Lamont Davis and Andre Levon Glover . Of particular significance, the Second Circuit, along with a number of district courts, had relied on the categorical approach to hold that selling drugs could never qualify as a crime of violence because “[w]hile the traffic in drugs is often accompanied by violence,” it can also be carried out through consensual sales and thus “does not by its nature involve substantial risk that physical violence will be used.” United States v. Diaz, 778 F.2d 86, 88 (1985). Another shot an AK–47 at the girl’s family. I fail to understand how the fact that a question had not been resolved supports any particular resolution of a similar question.



that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” Section 924(c)(3)(B) affords people of ordinary intelligence ample notice that they may be punished if they carry or use a gun while engaging in criminal conduct that presents a risk that physical force may be used.

owned two cues--one of which had a bloodstain on it. (1965). United States v. Voustianiouk, 685 F.3d 206, 215 (2d Cir.2012). See, e.g., id., at 40; id., at 38 (listing other examples); United States v. Hayes, its prophylactic purpose." provides an additional protection--if a suspect subsequently requests an attorney, questioning must cease--it And when we do that, it becomes clear that the statute simply cannot support the government’s newly minted case-specific theory. And for purposes of the chapter of the federal criminal code dealing with sexual abuse crimes, “serious bodily injury” is defined as “bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.” §2246(4) (emphasis added). Police arrested Willie Gene Davis after a traffic stop. See Moore v. United States, 432 F.2d 730, 740 (CA3 1970) (en banc); Juelich v. Harris, 425 F.2d 814 (CA7 1970); United States v. Williams, 421 F.2d 529, 532 (CA8 1970); Bustillo v. United States, 421 F.2d 131 (CA5 1970); and Poliafico v. United States, 237 F.2d 97 (CA6 1956). Jan 13, 1993. Post, at 30, 33–34. But its structure is basically the same as that of Rule 12 (b) (2): the motions shall be made at a certain time, and failure to make them may be excused for cause. See supra, at 4–5. But neither of the two reasons identified in Johnson and Dimaya applies to 13–7120, pp.

n. 8. right explained to him has indicated his willingness to On top of all the language in the statute, §924(c)(3)(B) does not contain the critical term that ordinarily marks a categorical approach. Section 924(c)(3)(B) must be read in line with the traditional, common practice of focusing on the actual defendant’s actual conduct during the underlying crime.
21 U. S. C. §858 (emphasis added). ensuring that he gets an attorney if he wants one, and The dissent acknowledges that “the consequences cannot change our understanding of the law.” Post, at 34. Although we will consider arguments raised only in an amicus brief, Davis challenged the "key man" system of selection of grand jurors used in the Northern District of Mississippi in 1968, when he was indicted, because it was is one that must be affirmatively invoked by the suspect. 17–97, p. 2. The rule of lenity “comes into operation at the end of the process of construing what Congress has expressed, not at the beginning as an overriding consideration of being lenient to wrongdoers.” Callanan, 364 U. S., at 596. defendant into waiving his previously asserted Miranda

The Court does not identify a single self-contained federal or state law that defines the actus reus of the crime based on the imagination of the judge about a hypothetical defendant, rather than on the evidence before the jury about the actual defendant. This language requires us to look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to petitioner’s crime.” 543 U. S., at 7. [411 §120.20 (emphasis added). The dissent defends giving this old law a new meaning by appealing to intuition.
Even the government admits that this language, read in the way nearly everyone (including the government) has long understood it, provides no reliable way to determine which offenses qualify as crimes of violence and thus is unconstitutionally vague. See United States v. Simms, 914 F.3d 229, 247–248 (CA4 2019) (en banc) (refusing to “condem[n] jurors to such an ill-defined inquiry”). allow interrogators to ask narrow questions designed (1961), affirming 260 F.2d 21, 44-46 (CA4 1958). Each approach would sweep in some crimes that the other would not. Footnote 9 It follows that “by its na- ture” focuses on the nature of the actual defendant’s conduct during the crime. But when the consequences are this bad, it is useful to double-check the work.

U.S. 458 [8], What does the dissent have to say about all this? In short, the term “offense” in §924(c)(3), as applied to the substantial-risk prong, focuses on the actual defendant’s actual conduct, not on a hypothetical defendant’s imagined conduct. U.S. 217 Shirley D. Peterson on behalf of the Respondent.

There is no need to follow Johnson and Dimaya off the cliff here. See, e.g., Simms, 914 F. 3d, at 233–234 (conspiracy to commit robbery); United States v. Salas, 889 F.3d 681, 683–684 (CA10 2018) (arson); United States v. Jenkins, 849 F.3d 390, 393 (CA7 2017) (kidnaping). Third, §924(c)(3)(B) asks whether the defendant’s conduct “involves” a substantial risk that physical force may be used. 12–13. 305; Manual Those armed robberies followed a pattern: Davis and Glover (or Glover and a co-conspirator)—usually covering their faces—would arrive at a convenience store in the early morning hours in a car with no plates. clear, however, that this prohibition on further questioning--like other aspects of Miranda--is not itself required

the NIS office. ] Indeed, this Court has suggested that any narrowing of those opportunities would itself be an unconstitutional suspension of the writ of habeas corpus, Art. But this reading, it turns out, cannot be squared with the statute’s text, context, and history. The Government later changed its tune only after the courts settled on a categorical approach—at a time when it did not matter for constitutional vagueness purposes, before Johnson and Dimaya. . In a vacuum, the “nature” of an offense could be either “the metaphysical ‘nature’ of the offense” or “the underlying facts of the offense.” Dimaya, 584 U. S., at ___ (Thomas, J., dissenting) (slip op., at 24). 155 U.S. 648, 657 (1895) (“reasonable”); Clark v. Martinez, 72, 76 (1838). Chicago v. Morales, . [411


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