In Thompson v. United States, No. 18-10488 (May 17,
2019) (Hull, William Pryor, Grant), the Court held that second-degree
murder under 18 U.S.C. 1111 was a crime of violence under 924(c).
First, because the movant was in the successive posture, the
Court held that his Johnson/Dimaya claim failed in light of the Court's
decisions in Ovalles, Garrett, and Solomon.
Second, the Court held that the offense was a crime of
violence under 924(c)'s elements clause, relying on the Court's precedent holding
that Florida second-degree murder satisfied the ACCA's elements clause. And, regardless of that precedent, the Court
concluded it satisfied the elements clause because, by requiring the killing of
another person, it necessarily required a level of force "capable" of
causing physical pain or injury.
