Raul Rodriguez v. United States
SocialSecurity Securities Immigration
Whether this petition should be granted, the vacated, and the case remanded (GVR) to the court of appeals for a determination in the first instance of whether Mr. Rodriguez's predicate offense is categorically a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A)
QUESTION PRESENTED In United States v. Davis, 139 S. Ct. 2319 (2019), the Court held the residual clause of 18 U.S.C. § 924(c) unconstitutionally vague, and in the process reaffirmed that the categorical approach applies to crime-of-violence determinations under that statute. Davis abrogates Third Circuit precedent holding that the categorical approach does not apply to crime-of-violence determinations under § 924(c). See United States v. Robinson, 844 F.3d 137 (3d Cir. 2016). Mr. Rodriguez’s case was disposed of under Robinson, and the question presented is: Whether this petition should be granted, the judgment of the Third Circuit vacated, and the case remanded (GVR) to the court of appeals for a determination in the first instance of whether Mr. Rodriguez’s predicate offense is categorically a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A). i