Orvalles v. United States, No. 17-10172 (11th Cir. 2018)Annotate this Case
The en banc court remanded this appeal to the panel for further proceedings in light of Sessions v. Dimaya, 584 U.S. ___, 138 S. Ct. 1204 (2018), after the initial panel opinion affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate her 18 U.S.C. 924(c) conviction and sentence for using and carrying a firearm during a crime of violence, namely, attempted carjacking.
The panel reinstated its prior ruling in Ovalles I insofar as it held that defendant's attempted carjacking conviction qualifies as a crime of violence under section 924(c)(3)(A)'s elements clause. In this case, defendant had by definition attempted to use or threaten force because she attempted to commit a crime that would be violent if completed. Therefore, given that section 924(c)'s elements clause equates an attempted force with actual or threatened force, and that an attempt conviction requires an intent to commit all elements of the completed crime, attempted carjacking qualifies as a crime of violence under section 924(c)(3)(A) as well.
This opinion or order relates to an opinion or order originally issued on June 30, 2017.