United States v. Jackson, No. 15-3693 (7th Cir. 2019)
Annotate this CaseIn 2016, the Seventh Circuit held that 18 U.S.C. 924(c)(3)(B), which partially defines “crime of violence,” is unconstitutionally vague. In 2017, the court relied on Cardena to vacate Jenkins’s and Jackson’s convictions under section 924(c)(1)(A)(ii). In 2018, the Supreme Court vacated and remanded both decisions for reconsideration in light of its Sessions v. Dimaya decisions. In 2019, the Supreme Court (Davis) found that section 924(c)(3)(B) is unconstitutional. In Davis, the Court held that section 924(c)(3)(B)’s language required the use of the categorical approach and thus that it was unconstitutionally vague. Although a case-specific approach would alleviate the vagueness, the Court concluded that “the statute simply cannot support” the use of that approach. The Seventh Circuit held that Davis vindicates its earlier opinions, and remanded both Jenkins and Jackson for resentencing.
This opinion or order relates to an opinion or order originally issued on August 4, 2017.
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