United States v. Jackson, No. 15-3693 (7th Cir. 2017)Annotate this Case
Jackson was convicted of three counts of transporting a minor in interstate commerce with the intent that she engage an illegal sexual activity, 18 U.S.C. 2423(a), three counts of sex trafficking of a minor, 18 U.S.C. 1591(a), and one count of possessing a firearm in furtherance of a crime of violence (sex trafficking of a minor), 18 U.S.C. 924(c). The court sentenced Jackson to 295 months’ imprisonment. The Seventh Circuit vacated the section 924(c) conviction and remanded for resentencing. Under the categorical approach, Jackson’s underlying conviction for sex trafficking of a minor does not “have as an element” the use or attempted use of force; the elements clause conviction (section 924(c)(3)(B)) stands or falls under the residual or risk‐of‐force clause, which applies when the underlying crime “by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. That section is unconstitutionally vague. The court stated that on resentencing, the court should not apply a two-level increase in Jackson’s offense level for being a manager or supervisor in the offense under U.S.S.G. 3B1.