United States v. Eshetu

Defendants Lovo and Sorto were convicted of conspiring to interfere with interstate commerce by robbery, and using, carrying or possessing a firearm during a crime of violence. The DC Circuit rejected defendants' claim that the residual clause of the statutory crime of violence definition that affects them was unconstitutionally vague.After the court issued its opinion, the Supreme Court held in Sessions v. Dimaya, 138 S. Ct. 1204, 1210 (2018), that 18 U.S.C. 16(b) -- the residual clause of section 16's crime of violence definition -- was unconstitutionally vague. In light of the Supreme Court's decision in Dimaya, the court granted rehearing for the limited purpose of vacating defendants' firearm convictions. The court remanded for further proceedings. View "United States v. Eshetu" on Justia Law