Whether attempted commission of an offense categorically qualifies as a crime of violence under 18 U.S.C. § 924(c)(3)(A)'s elements clause

QUESTION PRESENTED The courts of appeals have universally held that a conviction for a completed offense is categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A)’s elements clause when it includes the use, attempted use, or threatened use of physical force against the person or property of another. But what of an attempted commission of that crime? The Eleventh Circuit insists that a conviction for an attempt to commit a crime that, if completed, would categorically fit within the elements clause, automatically qualifies, too. But this “attempts always count” rule is highly controversial. This Court rejected it in James v. United States. That opinion requires a fresh examination into whether the attempt itself includes the use, attempted use, or threatened use of physical force. Mr. Leggett asks the Court, then, to resolve this query: Is the attempted commission of an offense, like Hobbs Act robbery, automatically and categorically a crime of violence, whether or not the substantial step required for the conviction is violent and even if the attempt offense does not require specific intent?