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?

This Court granted the writ of certiorari in Delligatti v. United States, 2024 WL 2805741 (No. 23825) (cert. granted June 3, 2024) on the issue of whether VICAR attempted murder is a crime of violence under 18 U.S.C. § 924(c). Mr. Mobley presents the exact same issue: 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?