Antwon Jenkins was convicted of federal kidnapping and using and carrying a firearm in furtherance of a crime of violence. The firearm conviction required a consecutive sentence to the kidnapping charge. Jenkins argued on appeal that his federal kidnapping offense was not a crime of violence, and thus his gun charge under 18 U.S.C. 924(c) could not stand. The Seventh Circuit agreed.A conviction can constitute a “crime of violence” under the “force clause” of 924(c) or the “residual clause.” However, the Seventh Circuit in United States v. Cardena, 842 F.3d 959, 996 (7th Cir. 2016) held that the “residual clause” of 924(c) is unconstitutionally vague. Thus, if the kidnapping charge was not a crime of violence under the “force clause,” the 924(c) conviction was improper.
A conviction qualifies under the “force clause” if the crime “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” 18 U.S.C. 924(c)(3)(A).
The Seventh Circuit held that “kidnapping as defined in 18 U.S.C. § 1201(a) does not require the use of force as an element.”
Because the kidnapping offense could not be used to support Jenkins’ conviction on the 924(c) charge, Jenkins’ conviction on the 924(c) count was reversed. See: United States v. Jenkins, No. No. 14-2898 (7th Cir. 2017).
