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Whether the categorical approach applies in determining whether an offense has an element of force and thereby qualifies as a 'crime of violence' for purposes of 18 U.S.C. § 924(c)(3)(A)
QUESTION PRESENTED This Court has consistently held that a “categorical approach” applies when determining whether an offense has as an element the use of force, and thereby qualifies as a predicate for purposes of various federal criminal provisions. The lower federal courts have at times deviated from the categorical approach in other contexts, and this Court has intervened to correct matters. See, e.g., Descamps v. United States, 133 S. Ct. 2276 (2013). This case presents the starkest deviation to date, where the Third Circuit held—in conflict with the holdings of at least ten other courts of appeals and the position of the United States itself—that the categorical approach does not apply when determining whether an offense has an element of force and thereby qualifies as a “crime of violence” under 18 U.S.C. § 924(c)(3)(A). The question presented is: Whether the categorical approach applies in determining whether an offense has an element of force and thereby qualifies as a “crime of violence” for purposes of 18 U.S.C. § 924(c)(3)(A). i