Legal Opinion

United States v. Joseph Simms

Court of Appeals for the Fourth Circuit

Decided January 24, 2019No. 15-4640PublishedCited by 247 opinions

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.

2Cases cited72 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Taylor v. United StatesSupreme Court of the United States · 1990
  5. Johnson v. United StatesSupreme Court of the United States · 2015

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3Cited by247 opinions

  1. United States v. DavisSupreme Court of the United States · 2019
  2. Kesha Williams v. Stacey KincaidCourt of Appeals for the Fourth Circuit · 2022
  3. Berkeley County School Dist. v. HUB International LimitedCourt of Appeals for the Fourth Circuit · 2019
  4. Nathaniel Hicks v. Gerald FerreyraCourt of Appeals for the Fourth Circuit · 2020
  5. United States v. Monico DominguezCourt of Appeals for the Ninth Circuit · 2020

242 more not listed; retrieve them via the Exa API.

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