Frequently Asked Questions

How does the statute 18 U.S.C. section 16(b) relate to section 924(c)(3)(B) in terms of crime of violence?

The relationship between 18 U.S.C. section 16(b) and section 924(c)(3)(B) in terms of crime of violence is that they are essentially identical in their definitions. Both statutes define a crime of violence as an offense that is a felony and involves the use, attempted use, or threatened use of physical force against the person or property of another. Additionally, both statutes also include offenses that inherently involve a substantial risk that such physical force may be used in the course of committing the offense. The legislative history of section 924(c) indicates that Congress intended a categorical approach to the crime of violence language in subsection (3)(B). This means that the nature of the offense itself, rather than the specific facts of the case, determines whether it is a crime of violence. This is further supported by the rulings of the First and Fourth Circuits in United States v. Weston and United States v. Aragon respectively.