18 USC 16's COV definition is vague!
Posted on Feb 20, 2016 9:10am PST
The 5
th Circus joined the 7
th and 9
th recently, by finding that the definition of “crime of violence”
found in 18 U.S.C. § 16, is unconstitutionally vague. This decision
was consistent with the principles announced by the Supreme Court in
Johnson v. United States, 135 S.Ct. 2551 (2015). In
Johnson, the Court held that the ACCA violated the constitutional prohibition
against vague criminal statutes by defining “violent felony”
as any crime that “is burglary, arson, or extortion, involves the
use of explosives, or otherwise involves conduct that presents a serious
potential risk of physical injury to another.” 18 U.S.C. §
924(e)(2)(B). Section 16 contains a similar definition: a “crime
of violence” is “any other offense that is a felony and that,
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.”
http://www.ca5.uscourts.gov/opinions/pub/15/15-40041-CR0.pdf