U.S. v. Jenkins

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 14-2898 & 15-3693 Cons.
Decision Date: 
July 30, 2019
Federal District: 
S.D. Ill.
Holding: 
Vacated and remanded

Ct. of Appeals vacated defendants’ convictions on charge of using or carrying firearm to commit federal crime of violence under 18 USC section 824(c)(3)(B), where Supreme Court in Davis, 939 U.S. 2319, found that said statute, which partially defined “crime of violence” through use of categorical approach, was unconstitutionally vague. As such, defendants were entitled to new sentencing hearing on remand.