Bowe v. United States · ¶10

Section 924(c) applies if, as relevant here, an individual commits a qualifying “crime of violence” with a frearm. A “crime of violence,” in turn, is defined in two ways. Under the “elements clause,” it is a “felony” that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” § 924(c)(3)(A). Under the “residual clause,” it is a felony “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.” § 924(c)(3)(B). For Bowe to have been properly convicted under § 924(c)—and thus to have received the accompanying 10-year consecutive sentence—his conviction for either conspiracy or attempt to commit Hobbs Act robbery must qualify as a crime of violence under either the elements or residual clause.

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