Robert A. Espinoza v. United States
HabeasCorpus
Can an Illinois' attempt offense be a predicate crime of violence for an 18 U.S.C. § 924(c) offense?
QUESTION PRESENTED : Illinois' Attempt offenses have two elements: an intent to commit a specific . Offense and a substantial step towards commission of the offense. Neither element need not involve the use, attempted use, or threatened use of physical force against the person or property of another. The questions presented are: 1) After this Court's decision in Taylor (2022), can an Illinois' attempt offense be a predicate crime of violence for an 18 U.S.C. § 924(c) offense? 2) Does an intervening change in statutory interpretation by the Supreme Court allow relief for a petitioner, pursuant to Recall the Mandate even on a closed case? -ii