Bowe v. United States · ¶15

Section 924(c) applies if, as relevant here, an individual commits a qualifying “crime of violence” with a firearm. 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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