Ricky Lee Tyndall v. United States
DueProcess FifthAmendment HabeasCorpus Privacy
Whether 18 U.S.C. § 924(c)(3)(A)'s force clause is unconstitutionally vague due to the inclusion of 'physical force against property' as a basis for a 'crime of violence'
QUESTION(S) PRESENTED ; 18 U.S.C. § 924(c)(3)(A)'s FORCE CLAUSE requires the use of “physical force" (i.e: “violence force” meaning “force capable of causing PHYSICAL PAIN or injury" as clearly defined by this Court in Johnson and reiterated ” . in Dimaya) against the person OR PROPERTY of another. How is any court meant — : : to determine what constitutes enough "physical force against property" to . equate to what might result in “physical pain or injury to a person,” since : : property cannot itself ‘sustain an injury causing “pain... Could. § 924(c)(3)(A) : also be “unconstitutionally vague” due to. the included [use of physical force against “property,"] a term that was NOT used in any of. the other definitions . provided for a “crime of violence” under 18 U.S.C. § 924(e)(B)(2), 18 U.S.C. § 16, USSG § 4B1.2, or USSG.§ 2L1.2... :