United States v. Walker, No. 15-4301 (4th Cir. 2019)
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Defendant pleaded guilty to kidnapping in violation of 18 U.S.C. 1201(a) and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c). The district court sentenced defendant to 324 months imprisonment on the kidnapping charge, followed by 84 months imprisonment for brandishing the firearm during and in relation to a crime of violence. Defendant appealed his section 924(c) conviction.
The Fourth Circuit held that, because settled law of the Supreme Court and this circuit have expressly held that section 924(c)(3)(B), the residual clause, was unconstitutionally vague, the district court clearly erred by finding that defendant violated that section. The court also clearly erred in holding that defendant violated section 924(c)(3)(A), because kidnapping clearly does not categorically qualify as a crime of violence under the force clause. Finally, these errors affected defendant's substantial rights as well as the fairness, integrity, and public reputation of judicial proceedings. Accordingly, the court vacated defendant's conviction under section 924(c) and remanded for further proceedings.
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