U.S. v. Jenkins

Record failed to contain sufficient evidence to support defendant’s conviction on use or carrying of firearm to commit federal crime of violence under 18 USC section 924(c)(1)(A)(ii), where alleged crime of violence was defendant’s crime of kidnapping under 18 USC section 1201(a). Kidnapping under section 1201(a) does not have, as element, use, threatened use or attempted use of physical force, and thus was not crime of violence under force clause of section 924(c)(3)(A). Moreover, kidnapping could not be viewed as crime of violence under residual clause of section 924(c)(3)(B), since said residual clause was found to be unconstitutionally vague under Cardena, 842 F.3d 959.