Robert L. Bolden Sr. v. United States
HabeasCorpus
Whether an inchoate offense qualifies as a crime of violence under the elements clause
QUESTIONS PRESENTED FOR REVIEW 1. Whether an inchoate offense, whose non-inchoate form would constitute a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A), automatically also qualifies as a crime of violence under the elements clause, without need to analyze the minimum elements, proof, or mens rea necessary to sustain conviction for the inchoate offense. 2. Whether an inchoate offense, which requires proof only of general criminal intent and a substantial—but not necessarily violent—step toward commission, qualifies as a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A). 3. Whether attempted bank robbery, which under Eighth Circuit precedent requires proof only of general criminal intent and a substantial—but not necessarily violent—step toward commission, qualifies as a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A). 4. Whether the Eighth Circuit erred in denying a certificate of appealability on the denial of Petitioner’s claim challenging the constitutionality of his §924(c) conviction, particularly after this Court’s decision in United States v. Davis, 588 U.S. __, 139 S.Ct. 2319 (June 24, 2019). ii