United States v. Jason Dennis McGuire

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that setting fire to an aircraft to damage or destroy it is “unmistakably violent” and qualifies as a crime of violence under the elements clause
• noting that the court employs a categorical approach to determine if an offense is a “crime of violence” under § 924(c)(3)(B) because of the phrase “by its nature”
• applying the “realistic probability” standard to a crime of violence determination under section 924(c)(3)
• Whether an offense qualifies as a crime of violence under the elements clause is a question “that we must answer ‘categorically’—that is, by reference to the elements of the offense, and not the actual facts of [the applicant’s] conduct.”
• “We employ this categorical approach because of the statute’s terms: It asks whether [the defendant] committed ‘an offense’ that . . . ‘by its nature, involves a substantial risk that physical force against the person or property of another may be used.’”
• applying the categorical approach in the § 924(c) context

Source: CourtListener parenthetical corpus (CC0).