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CASE ENTRY

United States v. Simms

Two people crawl through a Goldsboro, N.C. McDonald’s drive-thru window, demand money at gun point, throw cash drawers at employees, hit the manager with the gun, and make off with $1k. One perpetrator pleads guilty to robbery and the additional, distinct crime of using a firearm in connection with a crime of violence. Fourth Circuit (en banc, splitting 8–7): Alas, the statutory definition of “crime of violence” is unconstitutionally vague, given the Supreme Court’s treatment of materially identical laws. Dissent: Courts should look to the underlying facts of the crime, rather than just the statutory language in a hypothetical case, to determine whether a crime is one of violence. Pistol whipping during a robbery clearly is. (Circuit-split watch: The Fourth joins the Fifth, Tenth, and D.C. Circuits but departs from the Eleventh Circuit in this holding. Moreover: SCOTUS will hear the Fifth Circuit case.)


Tags: 2019, Firearms, Fourth Circuit, Vagueness

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