From SCOTUS Blog:
Mind-reading police officers, guns made of marshmallows, and a Woody Allen mockumentary all made rhetorical appearances during Tuesday’s argument in United States v. Taylor, a case about how to define a violent crime. But after 90 minutes of debate, none of the analogies, no matter how fanciful, seemed much help as the justices struggled to solve a statutory puzzle involving attempted robbery, threats of violence, and two federal laws with expansive language.
In the end, the case may turn on a question that seems more philosophical than legal: Is it possible for a would-be criminal to attempt to threaten physical force but stop short of making any actual threat?
The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.” The statute, 18 U.S.C. § 924(c), defines “crime of violence” as any felony that involves “the use, attempted use, or threatened use of physical force.”
James Eugene Taylor was sentenced to 10 years in prison for violating Section 924(c). Taylor’s underlying “crime of violence,” the government says, is attempted robbery under a separate statute known as the Hobbs Act. The Hobbs Act defines robbery as taking another person’s property through “actual or threatened force.” Continue reading >>>
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