924(c) conviction vacated

US v. Walker:  In this appeal, the Fourth Circuit heard a challenge to a 924(c) conviction the defendant received in connection with a kidnapping conviction, for brandishing a firearm during and in relation to a crime of violence.  Walker challenged the validity of his firearms conviction, as contrary to Johnson.  The Fourth Circuit vacated the conviction and remanded for further proceedings.

As Walker raised this issue for the first time on appeal, the Fourth Circuit reviewed for plain error.  Luckily for Walker, the Supreme Court had recently considered this issue, and the Fourth Circuit placed this case in abeyance while the Supreme Court resolved the issue, to wit, whether § 924(c)(3)(B) was unconstitutionally vague.  The Supreme Court in Davis determined that the residual clause here was similarly unconstitutionally vague.

So, it was an error to find Walker guilty under the residual clause.  Further, the force clause does not apply because the supposed “crime of violence” here, the kidnapping, clearly did not categorically qualify as a crime of violence under the force clause.