Rickey Thompson v. United States
HabeasCorpus
Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague
QUESTIONS PRESENTED FOR REVIEW Federal law, 18 U.S.C. § 924(c), criminalizes using a firearm during and in relation to a crime of violence. A first conviction carries a five-year mandatory minimum penalty, while a second conviction carries an additional 25-year mandatory minimum. This petition presents the following questions: L. Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019), and thus, whether appellant, Mr. Rickey Thompson, is actually innocent of his conviction and sentence imposed pursuant to 18 U.S.C. § 924(c)? Il. Whether federal second-degree murder, 18 U.S.C. § 1, fails to qualify as a “crime of violence” under the elements clause of § 92.4(c)(3)(A) because it does not contain as an element “the use, attempted use, or threatened use of physical force against the person or property of another.”? i INTERESTED PARTIES There are no