No. 25-5649

David Anthony Runyon v. United States

Lower Court: Fourth Circuit
Docketed: 2025-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence fourth-circuit murder-for-hire postconviction-relief sentencing-enhancement statutory-interpretation
Key Terms:
Punishment HabeasCorpus
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether the Court should grant certiorari, vacate the Fourth Circuit's decision, and remand for further consideration in light of United States v. Taylor regarding the classification of a murder-for-hire offense as a 'crime of violence'

Question Presented (OCR Extract)

To hold that petitioner’s 18 U.S.C. § 1958(a) conviction for conspiracy to commit murder for hire resulting in death was a valid predicate “crime of violence” under 18 U.S.C. § 924(c ), the Fourth Circuit acknowledged that it may be possible to commit this crime without the requisite use of force, but reasoned that there was no “realistic probability” the government would prosecute such a case under § 1958(a) . A year later , this Court expressly rejected this “realistic probability” test in United States v. Taylor , 596 U.S. 845 (2022 ). Post-Taylor , it is clear that (as the plain language of § 924(c) dictates ) courts evaluating whether a federal felony qualifies as a predicate “crime of violence” must look only at the offense’s elements, not how it is usually committed or usually prosecuted . Given that this Court has expressly rejected the test the Fourth Circuit relied on to find that Runyon’s offense was a valid predicate “crime of violence,” should the Court grant certiorari, vacate the decision below, and remand to the Court of Appeals for further consideration in light of Taylor ?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Waiver of United States of right to respond submitted.
2025-10-10
Waiver of right of respondent United States to respond filed.
2025-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

David Anthony Runyon
Kathryn Marshall AliAli & Lockwood LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent