Does placing another in fear qualify as a threatened use of force under the ACCA's elements clause?

QUESTION PRESENTED In United States v. Taylor, 596 U.S. 845 (2022), this Court held that attempted Hobbs Act robbery does not qualify as a crime of violence because it lacks as an element the actual, attempted, or threatened use of physical force against the person or property of another. Taylor reasoned that a “threat” under the elements clause is an actual, communicated threat—not conduct that poses some objective threat to community peace and order. Texas robbery criminalizes the actions of a person who, in the course of committing theft, “intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.” Tex. Penal Code § 29.02(a)(2) (emphasis added). Texas courts have made clear that “plac[ing] another in fear” does not require an actual, communicated threat. Still, courts have affirmed ACCA sentences grounded in convictions for Texas threat/fear robbery. The Court’s analysis in Taylor raises the following question: Does placing another in fear qualify as a threatened use of force under the ACCA’s elements clause? i