Nellum v. United States, No. 17-1694 (U.S. Supreme Court)

The U.S. Sentencing Guidelines subject defendants who commit “crimes of violence” to longer imprisonment. The Guidelines define “crime of violence” to mean an offense that “has as an element the use, attempted use, or threatened use of physical force.” The district court increased our client’s sentence based on the court’s conclusion that our client committed “crimes of violence” by violating a statute that prohibits acts causing bodily harm. Our petition for certiorari presents the question whether conviction under this statute constitutes a “crime of violence,” even though the statute does not require physical force as an element of the offense.

Criminal Law