Write a brief, accurate and concise response to the prompts listed below. Your written response should not exceed 500 words. Number each of your discussion responses in the order shown below. When writing your discussion thread, whether you agree or disagree, explain why with supporting legal references, eTextbook reading, case citations, related experience, or links when appropriate.
Prompts:
Assume that Glover and Davis file an appeal in your court.
1. How will you decide? Why?
- In the U.S. legal system, courts can declare statutes unconstitutional if the statute is vague. Is §924(c)(3) unconstitutionally vague? Why or why not?
- What problems does it cause when statutes are too vague?
- If this statute is not unconstitutionally vague, how would people “of common intelligence” interpret it?
- How should a court interpret it and apply it to criminal defendants?
- If it is unconstitutionally vague, which branch of government is responsible for correcting it?
Maurice Lamont Davis and Andre Lavon Glover “committed a string of gas station robberies in Texas.” The federal government charged both of them “with multiple counts of robbery affecting interstate commerce in violation of the Hobbs Act” under 18 U.S.C. §1951(a). They were also charged with “one count of conspiracy to commit Hobbs Act robbery.” The jury found the defendants guilty on most of the counts. The federal government also charged the men under §924(c). Section 924(c)(1)(A) states:
. . . [A]ny person who, during and in relation to any crime of violence or drug trafficking crime . . . for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years; (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
Section 924(c)(3) provides:
For purposes of this subsection the term ‘crime of violence’ means an offense that is a felony
Under the section, certain weapons also trigger increased penalties. “[T]he government argued that Mr. Davis and Mr. Glover had each committed two separate §924(c) violations by brandishing a short-barreled shotgun in connection with their crimes.” The jury agreed with the argument on the additional violations. “Adding the §924(c) mandatory minimums to its discretionary sentences for their other crimes, the district court ultimately sentenced Mr. Glover to more than 41 years in prison and Mr. Davis to more than 50 years.”
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