Bowe v. United States · ¶11

Today, it is likely that neither clause would permissibly support Bowe's § 924(c) conviction. In United States v. Davis, 588 U. S. 445 (2019), this Court held that the residual clause is unconstitutionally vague. Id., at 470. In United States v. Taylor, 596 U. S. 845 (2022), the Court held that attempted Hobbs Act robbery does not qualify as a crime of violence under the elements clause. Id., at 860. Eleventh Circuit precedent is also clear that conspiracy to commit Hobbs Act robbery does not satisfy the elements clause. See Brown v. United States, 942 F. 3d 1069, 1075 (2019) (per curiam). If sentenced today, therefore, Bowe likely would not be subject to the 10-year mandatory consecutive sentence that he is now serving.

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