Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force; Whether the district court's imposition of mandatory consecutive sentences on petitioners' § 924(j) convictions is in conflict with this Court's decision in Lora

question presented is: Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. In Delligatti v. United States, S. Ct. No. 23-825, this Court has already granted certiorari to resolve the circuit split on this same question. 2. Additionally, in Lora v. United States, 599 U.S. 453, 455 (2023), this Court held that a sentence under 18 U.S.C. § 924() for causing death through the use of a firearm during and in relation to a “crime of violence” can run either concurrently or consecutively to another sentence. Nonetheless, the petitioners were sentenced before this Court’s decision issued in Lora. At the time of sentencing, Fourth Circuit law—under United States v. Bran, 776 F.3d 276, 280-82 (4th Cir. 2015)—mandated that a sentence for a § 924(j) offense run consecutive to any other sentence. Adhering to Bran, the district court concluded that the sentences on the § 924(j) counts “must be i served consecutively to each other and to the sentences imposed on all other counts.” App. 148-49, 186.1 The question presented is: Whether the district court’s imposition of mandatory consecutive sentences on petitioners’ § 924(j) convictions is in conflict with this Court’s decision in Lora, 599 USS. at 455. 1 “App.” refers to the