HabeasCorpus
Whether attempt to commit a violent felony is itself a violent felony
QUESTION PRESENTED FOR REVIEW The Armed Career Criminal Act treats as a violent felony felonies that require the use of force. In Illinois, as in many states and as for many federal offenses, the elements of attempt are (1) intent to commit the target offense and (2) a substantial step toward the target offense. The decision below correctly accepted that neither of these two elements categorically requires the use of force, but nonetheless ruled that, when the target offense is a violent felony, attempt is itself a violent felony, because that conclusion “makes sense.” Is attempt to commit a violent felony itself a violent felony, even though the elements of attempt do not categorically require the use of force? i