Andrew Charles Beard v. United States
Privacy
Whether challenging an 18 U.S.C. §924(c) conviction is a constitutional or statutory construction claim that impacts plea enforcement
1. Whether challenging an invalid 18 U.S.C. §924(c) conviction is a "constitutional claim" that extinguishes the government's power to enforce defendant's guilty plea, Class v. United States, 583 U.S. 174 (2018), or a "statutory construction" claim that is barred by defendant's guilty plea waiver, Grzegcrczyk v. United States, 997 F.Sd 743, 748 (7th Cir.), cert, denied, 142 S. Ct. 25800, 2580 (2022). 2. Whether offenses that provide enhanced punishments for conduct that results in injury or death —but do not require the "knowing or intentional causation of injury or death" —necessarily involve the use of physical force against another person within the meaning of 18 U.S.C. §924(c)(3)(A). ' Delligatti v. United States, 145 S. Ct. 797 (2025) (noting it is "impossible to cause bodily injury without applying force" on another). 3. Whether the amended federal cyberstalking statute 18 U.S.C. §2261A has exceeded Congress' Commerce Clause powers, or alternatively, whether its application in the present case has displaced the constitutional balance between federal and state powers.