Quentin Jackson v. United States
Takings HabeasCorpus
What constitutes a threat of physical force under 18 U.S.C. § 924(c)(3)(A)
question presented is what constitutes a threat of physical force under 18 U.S.C. § 924(c)(3)(A), and, specifically, following Borden v. United States, 141 8. Ct. 1817 (2021), can reasonable jurists can debate whether the elements clause of § 924(c) requires proof that when the defendant acted he knew within a practical certainty that his conduct would be perceived as threatening by another, or is it sufficient that a reasonable person would have perceived the defendant’s conduct as communicating a threat even if the defendant did not? QUESTION TWO: Does the “realistic probability” test articulated in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) determine the scope of a federal statute, or is it the province of federal courts to say what federal law is? i