NACDL - United States v. Kenney

United States v. Kenney

Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal of the Underlying Judgment.

Brief filed: 09/23/2016

Documents

United States v. Kenney

9th Circuit Court of Appeals; Case No. 16-10117

Prior Decision

On appeal from the U.S. District Court for the Eastern District of California, Honorable Anthony W. Ishii, Senior U.S. District Judge, U.S. D.C. No. 1:12-cr-00266-AWI.

Argument

The residual clause of 18 U.S.C. § 924(c)(3)(B) is void for vagueness. Armed bank robbery is not categorically a "crime of violence" under § 924(c)(3)(A).

Author(s)

Heather E. Williams and Mia Crager, Ninth Circuit Federal and Community Defenders, Sacramento, CA; David M. Porter, Washington, DC.