United States v. Joseph Simms
Court of Appeals for the Fourth Circuit
1Opinion of the Court
DIANA GRIBBON MOTZ, Circuit Judge:
Joseph Decore Simms was convicted of brandishing a firearm in connection with a "crime of violence," as defined in 18 U.S.C. § 924 (c)(3)(B). He appeals, contending that § 924(c)(3)(B), as long understood, is unconstitutionally vague. The Government concedes this point but urges us to abandon the settled meaning of the statute and employ a new definition of "crime of violence."
We cannot do so. Neither the statutory language nor controlling precedent offer any support for the Government's proposed reinterpretation. Rather, the text and structure of §…
Also in this document: Concurrence.
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