US v. Cecil Davis, No. 16-7671 (4th Cir. 2022)
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Defendant filed a motion under 28 U.S.C. Sec. 2255, challenging his conviction for using a destructive device in furtherance of a crime of
violence. The district court denied his motion and Defendant appealed.
The Fourth Circuit reversed, finding that the federal arson statute which served as the predicate for Defendant's Sec. 924(c) conviction is not categorically a crime of violence. Because the statute Defendant was convicted under criminalized the arson of property fully owned by the defendant, and not just that of the property “of another” as required by Sec. 924(c).
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