Whether a conviction sustained under a Pinkerton conspiracy theory satisfies the elements clause of the 'crime of violence' definition

Question Presented Before United States v. Johnson, 576 U.S. 591 (2015), the federal courts routinely relied on the residual clause to hold that convictions sustained under a Pinkerton theory were crimes of violence if the crime targeted by the conspiracy was a crime of violence. Those cases rested on the theory that a crime committed under a Pinkerton conspiracy theory necessarily entailed the same “substantial risk” of physical force as the target offense. Once the residual clause was struck, however, does a conviction sustained under either a Pinkerton conspiracy theory satisfy the elements clause—that is, is it an offense that require, as an element, the “use, attempted use, or threatened use of force.” i Statement of