Frederick D. Darrington, Jr. v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a crime that requires proof of 'intimidation' of the victim satisfies the elements clause of 18 U.S.C. § 924(c)(8)(A), when the offense does not require a specific intent to use, or threaten to use, physical force against the person of another?
QUESTION PRESENTED In Leocal v. Ashcroft, 543 U.S. 1, 11 (2014), this Court held that the elements clause of 18 U.S.C. §16(a) — which is identical to the 18 U.S.C. § 924(c)(3)(A) elements clause — requires “a higher mens rea than [] merely accidental or negligent conduct.” Id. The question presented is: Whether a crime that requires proof of “intimidation” of the victim satisfies the elements clause of 18 U.S.C. § 924(c)(8)(A), when the offense does not require a specific intent to use, or threaten to use, physical force against the person of another? i