{"id":1834,"date":"2017-03-08T08:00:25","date_gmt":"2017-03-08T08:00:25","guid":{"rendered":"https:\/\/sentencing.net\/?p=1834"},"modified":"2019-11-12T15:43:05","modified_gmt":"2019-11-12T20:43:05","slug":"federal-kidnapping-crime-violence","status":"publish","type":"post","link":"https:\/\/sentencing.net\/appeal\/federal-kidnapping-crime-violence","title":{"rendered":"Federal Kidnapping Is Not A Crime Of Violence"},"content":{"rendered":"\r\n
Antwon Jenkins was convicted of federal kidnapping and using and carrying a firearm in furtherance of a crime of violence. The firearm<\/a> 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 \u201ccrime of violence\u201d under the \u201cforce clause\u201d of 924(c) or the \u201cresidual clause.\u201d However, the Seventh Circuit in United States v. Cardena<\/em>, 842 F.3d 959, 996 (7th Cir. 2016) held that the \u201cresidual clause\u201d of 924(c) is unconstitutionally vague. Thus, if the kidnapping charge was not a crime of violence under the \u201cforce clause,\u201d the 924(c) conviction was improper.<\/p>\r\n A conviction qualifies under the \u201cforce clause\u201d if the crime \u201chas as an element the use, attempted use, or threatened use of physical force against the person or property of another.\u201d 18 U.S.C. 924(c)(3)(A).<\/p>\r\n The Seventh Circuit held that \u201ckidnapping as defined in 18 U.S.C. \u00a7 1201(a) does not require the use of force as an element.\u201d<\/p>\r\n Because the kidnapping offense could not be used to support Jenkins\u2019 conviction on the 924(c) charge, Jenkins\u2019 conviction on the 924(c) count was reversed. See: United States v. Jenkins<\/a>, No. No. 14-2898 (7th Cir. 2017).<\/p>\r\n","protected":false},"excerpt":{"rendered":" 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)…<\/p>\n","protected":false},"author":1,"featured_media":1837,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[344],"tags":[],"yoast_head":"\n