United States v. Moreno-Aguilar

MEMORANDUM OPINION

ROGER W. TITUS, UNITED STATES DISTRICT JUDGE

This opinion represents the latest installment in the continuing struggle of circuit and district courts to sort out the question of what constitutes a “crime of violence” under 18 U.S.C. § 924(c) in the wake of the decision of the Supreme Court in Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which found unconstitutional the “residual clause” definition of “violent felony” in 18 U.S.C. § 924(e)(2)(B), part of the Armed Career Criminal Act (“ACCA”) of 1984.

Here, the issue arises in the context of a…