Torrez, Bowe v. United States

In 2008, Michael Bowe was charged, and convicted, with conspiracy to commit a Hobbs Act (18 U.S.C. § 1951) robbery, attempted Hobbs Act robbery, and use of a firearm in a violent crime. In 2009, Bowe pleaded guilty to all charges and received a 288-month sentence, 120 of which are associated with the conviction under 18 U.S.C. § 924(c), a federal mandate law for a minimum time served for carrying a firearm during a violent crime. In 2015, the Supreme Court ruled in Johnson v. United States that the Armed Career Criminal Act (ACCA)—mandating a minimum of 15 years for convictions of those committing a violent crime with 3 or more prior convictions for violent felonies—had an unconstitutionally vague residual clause. The residual clause, defined in 18 U.S.C. § 924(e)(2)(B)(ii), defined a “violent felony” as one involving “conduct that presents a serious potential risk of physical injury to another” which was determined to be too vague to give notice to what constitutes a violent felony and thus 18 U.S.C. § 924(e)(2)(B)(ii) was struck down. Spurred by the growing question of what qualifies as a violent crime or felony, Bowe began his appeal process in 2016, arguing that Johnson v. United States serves as precedent to which his crimes are no longer classified as “crimes of violence” necessary for his firearm conviction under 18 U.S.C. § 924(c).